2005 California Code of Civil Procedure Sections 190-237 CHAPTER 1. TRIAL JURY SELECTION AND MANAGEMENT ACT

CODE OF CIVIL PROCEDURE
SECTION 190-237

190.  This chapter shall be known and may be cited as the Trial Jury
Selection and Management Act.
191.  The Legislature recognizes that trial by jury is a cherished
constitutional right, and that jury service is an obligation of
citizenship.
   It is the policy of the State of California that all persons
selected for jury service shall be selected at random from the
population of the area served by the court; that all qualified
persons have an equal opportunity, in accordance with this chapter,
to be considered for jury service in the state and an obligation to
serve as jurors when summoned for that purpose; and that it is the
responsibility of jury commissioners to manage all jury systems in an
efficient, equitable, and cost-effective manner, in accordance with
this chapter.
192.  This chapter applies to the selection of jurors, and the
formation of trial juries, for both civil and criminal cases, in all
trial courts of the state.
193.  Juries are of three kinds:
   (a) Grand juries established pursuant to Title 4 (commencing with
Section 888) of Part 2 of the Penal Code.
   (b) Trial juries.
   (c) Juries of inquest.
194.  The following definitions govern the construction of this
chapter:
   (a) "County" means any county or any coterminous city and county.
   (b) "Court" means a superior court of this state, and includes,
when the context requires, any judge of the court.
   (c) "Deferred jurors" are those prospective jurors whose request
to reschedule their service to a more convenient time is granted by
the jury commissioner.
   (d) "Excused jurors" are those prospective jurors who are excused
from service by the jury commissioner for valid reasons based on
statute, state or local court rules, and policies.
   (e) "Juror pool" means the group of prospective qualified jurors
appearing for assignment to trial jury panels.
   (f) "Jury of inquest" is a body of persons summoned from the
citizens before the sheriff, coroner, or other ministerial officers,
to inquire of particular facts.
   (g) "Master list" means a list of names randomly selected from the
source lists.
   (h) "Potential juror" means any person whose name appears on a
source list.
   (i) "Prospective juror" means a juror whose name appears on the
master list.
   (j) "Qualified juror" means a person who meets the statutory
qualifications for jury service.
   (k) "Qualified juror list" means a list of qualified jurors.
   (l) "Random" means that which occurs by mere chance indicating an
unplanned sequence of selection where each juror's name has
substantially equal probability of being selected.
   (m) "Source list" means a list used as a source of potential
jurors.
   (n) "Summons list" means a list of prospective or qualified jurors
who are summoned to appear or to be available for jury service.
   (o) "Trial jurors" are those jurors sworn to try and determine by
verdict a question of fact.
   (p) "Trial jury" means a body of persons selected from the
citizens of the area served by the court and sworn to try and
determine by verdict a question of fact.
   (q) "Trial jury panel" means a group of prospective jurors
assigned to a courtroom for the purpose of voir dire.
195.  (a) In each county, there shall be one jury commissioner who
shall be appointed by, and serve at the pleasure of, a majority of
the judges of the superior court.  In any county where there is a
superior court administrator or executive officer, that person shall
serve as ex officio jury commissioner.    In any court jurisdiction
where any person other than a court administrator or
clerk/administrator is serving as jury commissioner on the effective
date of this section, that person shall continue to so serve at the
pleasure of a majority of the judges of the appointing court.
   (b) Any jury commissioner may, whenever the business of court
requires, appoint deputy jury commissioners.  Salaries and benefits
of those deputies shall be fixed in the same manner as salaries and
benefits of other court employees.
   (c) The jury commissioner shall be primarily responsible for
managing the jury system under the general supervision of the court
in conformance with the purpose and scope of this act.  He or she
shall have authority to establish policies and procedures necessary
to fulfill this responsibility.
196.  (a) The jury commissioner or the court shall inquire as to the
qualifications of persons on the master list or source list who are
or may be summoned for jury service.  The commissioner or the court
may require any person to answer, under oath, orally or in written
form, all questions as may be addressed to that person, regarding the
person's qualifications and ability to serve as a prospective trial
juror.  The commissioner and his or her assistants shall have power
to administer oaths and shall be allowed actual traveling expenses
incurred in the performance of their duties.
   (b) Response to the jury commissioner or the court concerning an
inquiry or summons may be made by any person having knowledge that
the prospective juror is unable to respond to such inquiry or
summons.
   (c) Any person who fails to respond to jury commissioner or court
inquiry as instructed, may be summoned to appear before the jury
commissioner or the court to answer the inquiry, or may be deemed to
be qualified for jury service in the  absence of a response to the
inquiry.  Any information thus acquired by the court or jury
commissioner shall be noted in jury commissioner or court records.
197.  (a) All persons selected for jury service shall be selected at
random, from a source or sources inclusive of a representative cross
section of the population of the area served by the court.  Sources
may include, in addition to other lists, customer mailing lists,
telephone directories, or utility company lists.
   (b) The list of registered voters and the Department of Motor
Vehicles' list of licensed drivers and identification cardholders
resident within the area served by the court, are appropriate source
lists for selection of jurors.  These two source lists, when
substantially purged of duplicate names, shall be considered
inclusive of a representative cross section of the population, within
the meaning of subdivision (a).
   (c) The Department of Motor Vehicles shall furnish the jury
commissioner of each county with the current list of the names,
addresses, and other identifying information of persons residing in
the county who are age 18 years or older and who are holders of a
current driver's license or identification card issued pursuant to
Article 3 (commencing with Section  12800) of, or Article 5
(commencing with Section 13000) of, Chapter 1 of Division 6 of the
Vehicle Code.  The conditions under which these lists shall be
compiled semiannually shall be determined by the director, consistent
with any rules which may be adopted by the Judicial Council.  This
service shall be provided by the Department of Motor Vehicles
pursuant to Section 1812 of the Vehicle Code.  The jury commissioner
shall not disclose the information furnished by the Department of
Motor Vehicles pursuant to this section to any person, organization,
or agency.
198.  (a) Random selection shall be utilized in creating master and
qualified juror lists, commencing with selection from source lists,
and continuing through selection of prospective jurors for voir dire.
   (b) The jury commissioner shall, at least once in each 12-month
period, randomly select names of prospective trial jurors from the
source list or lists, to create a master list.
   (c) The master jury list shall be used by the jury commissioner,
as provided by statute and state and local court rules, for the
purpose of (1) mailing juror questionnaires and subsequent creation
of a qualified juror list, and (2) summoning prospective jurors to
respond or appear for qualification and service.
198.5.  If sessions of the superior court are held in a location
other than the county seat, the names for master jury lists and
qualified jury lists to serve in a session may be selected from the
area in which the session is held, pursuant to a local superior court
rule that divides the county in a manner that provides all qualified
persons in the county an equal opportunity to be considered for jury
service.  Nothing in this section precludes the court, in its
discretion, from ordering a countywide venire in the interest of
justice.
201.  In any superior court, a separate trial jury panel may be
drawn, summoned, and impaneled for each judge, or any one panel may
be drawn, summoned, and impaneled by any one of the judges, for use
in the trial of cases before any of the judges, as occasion may
require.  In those courts, when a panel of jurors is in attendance
for service before one or more of the judges, whether impaneled for
common use or not, the whole or any number of the jurors from such
panel may be required to attend and serve in the trial of cases, or
to complete a panel, or jury, before any other of the judges.
202.  Mechanical, electric, or electronic equipment, which in the
opinion of the jury commissioner is satisfactory therefor, may be
used in the performance of any function specified by this chapter for
the selection and drawing of jurors.
203.  (a) All persons are eligible and qualified to be prospective
trial jurors, except the following:
   (1) Persons who are not citizens of the United States.
   (2) Persons who are less than 18 years of age.
   (3) Persons who are not domiciliaries of the State of California,
as determined pursuant to Article 2 (commencing with Section 2020) of
Chapter 1 of Division 2 of the Elections Code.
   (4) Persons who are not residents of the jurisdiction wherein they
are summoned to serve.
   (5) Persons who have been convicted of malfeasance in office or a
felony, and whose civil rights have not been restored.
   (6) Persons who are not possessed of sufficient knowledge of the
English language, provided that no person shall be deemed incompetent
solely because of the loss of sight or hearing in any degree or
other disability which impedes the person's ability to communicate or
which impairs or interferes with the person's mobility.
   (7) Persons who are serving as grand or trial jurors in any court
of this state.
   (8) Persons who are the subject of conservatorship.
   (b) No person shall be excluded from eligibility for jury service
in the State of California, for any reason other than those reasons
provided by this section.
204.  (a) No eligible person shall be exempt from service as a trial
juror by reason of occupation, race, color, religion, sex, national
origin, economic status, or sexual orientation, or for any other
reason.  No person shall be excused from service as a trial juror
except as specified in subdivision (b).
   (b) An eligible person may be excused from jury service only for
undue hardship, upon themselves or upon the public, as defined by the
Judicial Council.
205.  (a) If a jury commissioner requires a person to complete a
questionnaire, the questionnaire shall ask only questions related to
juror identification, qualification, and ability to serve as a
prospective juror.
   (b) Except as ordered by the court, the questionnaire referred to
in subdivision (a) shall be used solely for qualifying prospective
jurors, and for management of the jury system, and not for assisting
in the courtroom voir dire process of selecting trial jurors for
specific cases.
   (c) The court may require a prospective juror to complete such
additional questionnaires as may be deemed relevant and necessary for
assisting in the voir dire process or to ascertain whether a fair
cross section of the population is represented as required by law, if
such procedures are established by local court rule.
   (d) The trial judge may direct a prospective juror to complete
additional questionnaires as proposed by counsel in a particular case
to assist the voir dire process.
206.  (a) Prior to discharging the jury from the case, the judge in
a criminal action shall inform the jurors that they have an absolute
right to discuss or not to discuss the deliberation or verdict with
anyone.  The judge shall also inform the jurors of the provisions set
forth in subdivisions (b), (d), and  (e).
   (b) Following the discharge of the jury in a criminal case, the
defendant, or his or her attorney or representative, or the
prosecutor, or his or her representative, may discuss the jury
deliberation or verdict with a member of the jury, provided that the
juror consents to the discussion and that the discussion takes place
at a reasonable time and place.
   (c) If a discussion of the jury deliberation or verdict with a
member of the jury pursuant to subdivision (b) occurs at any time
more than 24 hours after the verdict, prior to discussing the jury
deliberation or verdict with a member of a jury pursuant to
subdivision (b), the defendant or his or her attorney or
representative, or the prosecutor or his or her representative, shall
inform the juror of the identity of the case, the party in that case
which the person represents, the subject of the interview , the
absolute right of the juror to discuss or not discuss the
deliberations or verdict in the case with the person, and the juror's
right to review and have  a copy of any declaration filed with the
court.
   (d) Any unreasonable contact with a juror by the defendant, or his
or her attorney or representative, or by the prosecutor, or his or
her representative, without the juror's consent shall be immediately
reported to the trial judge.
   (e) Any violation of this section shall be considered a violation
of a lawful court order and shall be subject to reasonable monetary
sanctions in accordance with Section 177.5 of the Code of Civil
Procedure.
   (f) Nothing in the section shall prohibit a peace officer from
investigating an allegation of criminal conduct.
   (g) Pursuant to Section 237, a defendant or defendant's counsel
may, following the recording of a jury's verdict in a criminal
proceeding, petition the court for access to personal juror
identifying information within the court's records necessary for the
defendant to communicate with jurors for the purpose of developing a
motion for new trial or any other lawful purpose.  This information
consists of jurors' names, addresses, and telephone numbers.  The
court shall consider all requests for personal juror identifying
information pursuant to Section 237.
207.  (a) The jury commissioner shall maintain records regarding
selection, qualification, and assignment of prospective jurors.
   (b) The jury commissioner shall maintain records providing a clear
audit trail regarding a juror's attendance, jury fees, and mileage.
   (c) All records and papers maintained or compiled by the jury
commissioner in connection with the selection or service of a juror
may be kept on an electronic or microfilm medium and such records
shall be preserved for at least three years  after the list used in
their selection is prepared, or for any longer period ordered by the
court or the jury commissioner.
208.  The jury commissioner shall estimate the number of prospective
jurors that may be required to serve the needs of the court, and
shall summon prospective jurors for service.  Prospective jurors
shall be summoned by mailing a summons by first-class mail or by
personal service or, in urgency situations, as elsewhere provided by
law.  The summons, when served by mail, shall be mailed at least 10
days prior to the date of required appearance.  Once a prospective
juror has been summoned, the date, time, or place of appearance may
be modified or further specified by the jury commissioner, by means
of written, telegraphic, telephonic, or direct oral communication
with the prospective juror.
209.  (a) Any prospective trial juror who has been summoned for
service, and who fails to attend as directed or to respond to the
court or jury commissioner and to be excused from attendance, may be
attached and compelled to attend. Following an order to show cause
hearing, the court may find the prospective juror in contempt of
court, punishable by fine, incarceration, or both, as otherwise
provided by law.
   (b) In lieu of imposing sanctions for contempt as set forth in
subdivision (a), the court may impose reasonable monetary sanctions,
as provided in this subdivision, on a prospective juror who has not
been excused pursuant to Section 204 after first providing the
prospective juror with notice and an opportunity to be heard. If a
juror fails to respond to the initial summons within 12 months, the
court may issue a second summons indicating that the person failed to
appear in response to a previous summons and ordering the person to
appear for jury duty. Upon the failure of the juror to appear in
response to the second summons, the court may issue a failure to
appear notice informing the person that failure to respond may result
in the imposition of money sanctions. If the prospective juror does
not attend the court within the time period as directed by the
failure to appear notice, the court shall issue an order to show
cause.  Payment of monetary sanctions imposed pursuant to this
subdivision does not relieve the person of his or her obligation to
perform jury duty.
   (c) (1) The court may give notice of its intent to impose
sanctions by either of the following means:
   (A) Verbally to a prospective juror appearing in person in open
court.
   (B) The issuance on its own motion of an order to show cause
requiring the prospective juror to demonstrate reasons for not
imposing sanctions. The court may serve the order to show cause by
certified or first-class mail.
   (2) The monetary sanctions imposed pursuant to subdivision (b) may
not exceed two hundred fifty dollars ($250) for the first violation,
seven hundred fifty dollars ($750) for the second violation, and one
thousand five hundred dollars ($1,500) for the third and any
subsequent violation. Monetary sanctions may not be imposed on a
prospective juror more than once during a single juror pool cycle.
The prospective juror may be excused from paying sanctions pursuant
to subdivision (b) of Section 204 or in the interests of justice. The
full amount of any sanction paid shall be deposited in a bank
account established for this purpose by the Administrative Office of
the Courts and transmitted from that account monthly to the
Controller for deposit in the Trial Court Trust Fund, as provided in
Section 68085.1 of the Government Code. It is the intent of the
Legislature that the funds derived from the monetary sanctions
authorized in this section be allocated, to the extent feasible, to
the family courts and the civil courts. The Judicial Council shall,
by rule, provide for a procedure by which a prospective juror against
whom a sanction has been imposed by default may move to set aside
the default.
   (d) On or before December 31, 2005, the Judicial Council shall
report to the Legislature regarding the effects of the implementation
of subdivisions (b) and (c). The report shall include, but not be
limited to, information regarding any change in rates of response to
juror summons, the amount of moneys collected pursuant to subdivision
(c), the efficacy of the default procedures adopted in rules of
court, and how, if at all, the Legislature may wish to alter this
chapter to further attainment of its objectives.
   (e) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2007, deletes or extends
that date.
209.  Any prospective trial juror who has been summoned for service,
and who fails to attend the court as directed or to respond to the
court or jury commissioner and to be excused from attendance, may be
attached and compelled to attend.  Following an order to show cause
hearing, the court may find the prospective juror in contempt of
court, punishable by fine, incarceration, or both, as otherwise
provided by law.
   This section shall become operative on January 1, 2007.
210.  The summons shall contain the date, time, and place of
appearance required of the prospective juror or, alternatively,
instructions as to the procedure for calling the jury commissioner
for telephonic instructions for appearance as well as such additional
juror information as deemed appropriate by the jury commissioner.
210.5.  The Judicial Council shall adopt a standardized jury summons
for use, with appropriate modifications, around the state, that is
understandable and has consumer appeal.  The standardized jury
summons shall include a specific reference to the rules for
breast-feeding mothers.  The use of the standardized jury summons
shall be voluntary, unless otherwise prescribed by the rules of
court.
211.  When a court has no prospective jurors remaining available for
voir dire from panels furnished by, or available from, the jury
commissioner, and finds that not proceeding with voir dire will place
a party's right to a trial by jury in jeopardy, the court may direct
the sheriff or marshal to summon, serve, and immediately attach the
person of a sufficient number of citizens having the qualifications
of jurors, to complete the panel.
213.  Unless excused by reason of undue hardship, all or any portion
of the summoned prospective jurors shall be available on one-hour
notice by telephone to  appear for service, when the jury
commissioner determines that it will efficiently serve the
operational requirements of the court.
   Jurors available on one-hour telephone notice shall receive credit
for each day of such availability towards their jury service
obligation, but they shall not be paid unless they are actually
required to make an appearance.
214.  The jury commissioner shall provide orientation for new
jurors, which shall include necessary basic information concerning
jury service.  The jury commissioner shall notify each juror of the
provisions of Section 230 of the Labor Code.
215.  (a) Except as provided in subdivision (b), on and after July
1, 2000, the fee for jurors in the superior court, in civil and
criminal cases, is fifteen dollars ($15) a day for each day's
attendance as a juror after the first day.
   (b) A juror who is employed by a federal, state, or local
government entity, or by any other public entity as defined in
Section 481.200, and who receives regular compensation and benefits
while performing jury service, may not be paid the fee described in
subdivision (a).
   (c) All jurors in the superior court, in civil and criminal cases,
shall be reimbursed for mileage at the rate of thirty-four cents
($0.34) per mile for each mile actually traveled in attending court
as a juror after the first day, in going only.
216.  (a) At each court facility where jury cases are heard, the
board of supervisors shall provide a deliberation room or rooms for
use of jurors when they have retired for deliberation.  The
deliberation rooms shall be designed to minimize unwarranted
intrusions by other persons in the court facility, shall have
suitable furnishings, equipment, and supplies, and shall also have
restroom accommodations for male and female jurors.
   (b) If the board of supervisors neglects to provide the facilities
required by this section, the court may order the sheriff or marshal
to do so, and the expenses incurred in carrying the order into
effect, when certified by the court, are a county charge.
   (c) Unless authorized by the jury commissioner, jury assembly
facilities shall be restricted to use by jurors and jury commissioner
staff.
217.  In criminal cases only, while the jury is kept together,
either during the progress of the trial or after their retirement for
deliberation, the court may direct the sheriff or marshal to provide
the jury with suitable and sufficient food and lodging, or other
reasonable necessities.  The expenses incurred under this section
shall be charged against the  Trial Court Operations Fund of the
county in which the court is held.  All those expenses shall be paid
on the order of the court.
218.  The jury commissioner shall hear the excuses of jurors
summoned, in accordance with the standards prescribed by the Judicial
Council.  It shall be left to the discretion of the jury
commissioner to accept an excuse under subdivision (b) of Section 204
without a personal appearance.  All excuses shall be in writing
setting forth the basis of the request and shall be signed by the
juror.
219.  (a) Except as provided in subdivision (b), the jury
commissioner shall randomly select jurors for jury panels to be sent
to courtrooms for voir dire.
   (b) (1) Notwithstanding subdivision (a), no peace officer, as
defined in Section 830.1, subdivision (a) of Section 830.2, and
subdivision (a) of Section 830.33, of the Penal Code, shall be
selected for voir dire in civil or criminal matters.
   (2) Notwithstanding subdivision (a), no peace officer, as defined
in subdivisions (b) and (c) of Section 830.2 of the Penal Code, shall
be selected for voir dire in criminal matters.
219.5.  The Judicial Council shall adopt a rule of court, on or
before January 1, 2005, requiring the trial courts to establish
procedures for jury service that gives peace officers, as defined by
Section 830.5 of the Penal Code, scheduling accommodations when
necessary.
220.  A trial jury shall consist of 12 persons, except that in civil
actions and cases of misdemeanor, it may consist of 12 or any number
less than 12, upon which the parties may agree.
222.  (a) Except as provided in subdivision (b), when an action is
called for trial by jury, the clerk, or the judge where there is no
clerk, shall randomly select the names of the jurors for voir dire,
until the jury is selected or the panel is exhausted.
   (b) When the jury commissioner has provided the court with a
listing of the trial jury panel in random order, the court shall seat
prospective jurors for voir dire in the order provided by the panel
list.
222.5.  To select a fair and impartial jury in civil jury trials,
the trial judge shall examine the prospective jurors.  Upon
completion of the judge's initial examination, counsel for each party
shall have the right to examine, by oral and direct questioning, any
of the prospective jurors in order to enable counsel to
intelligently exercise both peremptory challenges and challenges for
cause.  During any examination conducted by counsel for the parties,
the trial judge should permit liberal and probing examination
calculated to discover bias or prejudice with regard to the
circumstances of the particular case.  The fact that a topic has been
included in the judge's examination should not preclude additional
nonrepetitive or nonduplicative questioning in the same area by
counsel.
   The scope of the examination conducted by counsel shall be within
reasonable limits prescribed by the trial judge in the judge's sound
discretion.  In exercising his or her sound discretion as to the form
and subject matter of voir dire questions, the trial judge should
consider, among other criteria, any unique or complex elements, legal
or factual, in the case and the individual responses or conduct of
jurors which may evince attitudes inconsistent with suitability to
serve as a fair and impartial juror in the particular case.  Specific
unreasonable or arbitrary time limits shall not be imposed.
   The trial judge should permit counsel to conduct voir dire
examination without requiring prior submission of the questions
unless a particular counsel engages in improper questioning.  For
purposes of this section, an "improper question" is any question
which, as its dominant purpose, attempts to precondition the
prospective jurors to a particular result, indoctrinate the jury, or
question the prospective jurors concerning the pleadings or the
applicable law.  A court should not arbitrarily or unreasonably
refuse to submit reasonable written questionnaires, the contents of
which are determined by the court in its sound discretion, when
requested by counsel.
   In civil cases, the court may, upon stipulation by counsel for all
the parties appearing in the action, permit counsel to examine the
prospective jurors outside a judge's presence.
223.  In a criminal case, the court shall conduct an initial
examination of prospective jurors.   The court may submit to the
prospective jurors additional questions requested by the parties as
it deems proper.  Upon completion of the court's initial examination,
counsel for each party shall have the right to examine, by oral and
direct questioning, any or all of the prospective jurors.  The court
may, in the exercise of its discretion, limit the oral and direct
questioning of prospective jurors by counsel.  The court may specify
the maximum amount of time that counsel for each party may question
an individual juror, or may specify an aggregate amount of time for
each party, which can then be allocated among the prospective jurors
by counsel.  Voir dire of any prospective jurors shall, where
practicable, occur in the presence of the other jurors in all
criminal cases, including death penalty cases.  Examination of
prospective jurors shall be conducted only in aid of the exercise of
challenges for cause.
   The trial court's exercise of its discretion in the manner in
which voir dire is conducted, including any limitation on the time
which will be allowed for direct questioning of prospective jurors by
counsel and any determination that a question is not in aid of the
exercise of challenges for cause, shall not cause any conviction to
be reversed unless the exercise of that discretion has resulted in a
miscarriage of justice, as specified in Section 13 of Article VI of
the California Constitution.
224.  (a) If a party does not cause the removal by challenge of an
individual juror who is deaf, hearing impaired, blind, visually
impaired, or speech impaired and who requires auxiliary services to
facilitate communication, the party shall (1) stipulate to the
presence of a service provider in the jury room during jury
deliberations, and (2) prepare and deliver to the court proposed jury
instructions to the service provider.
   (b) As used in this section, "service provider" includes, but is
not limited to, a person who is a sign language interpreter, oral
interpreter, deaf-blind interpreter, reader, or speech interpreter.
If auxiliary services are required during the course of jury
deliberations, the court shall instruct the jury and the service
provider that the service provider for the juror with a disability is
not to participate in the jury's deliberations in any manner except
to facilitate communication between the juror with a disability and
other jurors.
   (c) The court shall appoint  a service provider whose services are
needed by a juror with a disability to facilitate communication or
participation.  A sign language interpreter, oral interpreter, or
deaf-blind interpreter appointed pursuant to this section shall be a
qualified interpreter, as defined in subdivision (f) of Section 754
of the Evidence Code.  Service providers appointed by the court under
this subdivision shall be compensated in the same manner as provided
in subdivision (i) of Section 754 of the Evidence Code.
225.  A challenge is an objection made to the trial jurors that may
be taken by any party to the action, and is of the following classes
and types:
   (a) A challenge to the trial jury panel for cause.
   (1) A challenge to the panel may only be taken before a trial jury
is sworn.  The challenge shall be reduced to writing, and shall
plainly and distinctly state the facts constituting the ground of
challenge.
   (2) Reasonable notice of the challenge to the jury panel shall be
given to all parties and to the jury commissioner, by service of a
copy thereof.
   (3) The jury commissioner shall be permitted the services of legal
counsel in connection with challenges to the jury panel.
   (b) A challenge to a prospective juror by either:
   (1) A challenge for cause, for one of the following reasons:
   (A) General disqualification--that the juror is disqualified from
serving in the action on  trial.
   (B) Implied bias--as, when the existence of the facts as
ascertained, in judgment of law disqualifies the juror.
   (C) Actual bias--the existence of a state of mind on the part of
the juror in  reference to the case, or to any of the parties, which
will prevent the juror from acting with entire impartiality, and
without prejudice to the substantial rights of any party.
   (2) A peremptory challenge to a prospective juror.
226.  (a) A challenge to an individual juror may only be made before
the jury is sworn.
   (b) A challenge to an individual juror may be taken orally or may
be made in writing, but no reason need be given for a peremptory
challenge, and the court shall exclude any juror challenged
peremptorily.
   (c) All challenges for cause shall be exercised before any
peremptory challenges may be exercised.
   (d) All challenges to an individual juror, except a peremptory
challenge, shall be taken, first by the defendants, and then by the
people or plaintiffs.
227.  The challenges of either party for cause need not all be taken
at once, but they may be taken separately, in the following order,
including in each challenge all the causes of challenge belonging to
the same class and type:
   (a) To the panel.
   (b) To an individual juror, for a general disqualification.
   (c) To an individual juror, for an implied bias.
   (d) To an individual juror, for an actual bias.
228.  Challenges for general disqualification may be taken on one or
both of the following grounds, and for no other:
   (a) A want of any of the qualifications prescribed by this code to
render a person competent as a juror.
   (b) The existence of any incapacity which satisfies the court that
the challenged person is incapable of performing the duties of a
juror in the particular action without prejudice to the substantial
rights of the challenging party.
229.  A challenge for implied bias may be taken for one or more of
the following causes, and for no other:
   (a) Consanguinity or affinity within the fourth degree to any
party, to an officer of a corporation which is a party, or to any
alleged witness or victim in the case at bar.
   (b) Standing in the relation of, or being the parent, spouse, or
child of one who stands in the relation of, guardian and ward,
conservator and conservatee, master and servant, employer and clerk,
landlord and tenant, principal and agent, or debtor and creditor, to
either party or to an officer of a corporation which is a party, or
being a member of the family of either party; or a partner in
business with either party; or surety on any bond or obligation for
either party, or being the holder of bonds or shares of capital stock
of a corporation which is a party; or having stood within one year
previous to the filing of the complaint in the action in the relation
of attorney and client with either party or with the attorney for
either party.  A depositor of a bank or a holder of a savings account
in a savings and loan association shall not be deemed a creditor of
that bank or savings and loan association for the purpose of this
paragraph solely by reason of his or her being a depositor or account
holder.
   (c) Having served as a trial or grand juror or on a jury of
inquest in a civil or criminal action or been a witness on a previous
or pending trial between the same parties, or involving the same
specific offense or cause of action; or having served as a trial or
grand juror or on a jury within one year previously in any criminal
or civil action or proceeding in which either party was the plaintiff
or defendant or in a criminal action where either party was the
defendant.
   (d) Interest on the part of the juror in the event of the action,
or in the main question involved in the action, except his or her
interest as a member or citizen or taxpayer of a county, city and
county, incorporated city or town, or other political subdivision of
a county, or municipal water district.
   (e) Having an unqualified opinion or belief as to the merits of
the action founded upon knowledge of its material facts or of some
of them.
   (f) The existence of a state of mind in the juror evincing enmity
against, or bias towards, either party.
   (g) That the juror is party to an action pending in the court for
which he or she is drawn and which action is set for trial before the
panel of which the juror is a member.
   (h) If the offense charged is punishable with death, the
entertaining of such conscientious opinions as would preclude the
juror finding the defendant guilty; in which case the juror may
neither be permitted nor compelled to serve.
230.  Challenges for cause shall be tried by the court.  The juror
challenged and any other person may be examined as a witness in the
trial of the challenge, and shall truthfully answer all questions
propounded to them.
231.  (a) In criminal cases, if the offense charged is punishable
with death, or with imprisonment in the state prison for life, the
defendant is entitled to 20 and the people to 20 peremptory
challenges.  Except as provided in subdivision (b), in a trial for
any other offense, the defendant is entitled to 10 and the state to
10 peremptory challenges.  When two or more defendants are jointly
tried, their challenges shall be exercised jointly, but each
defendant shall also be entitled to five additional challenges which
may be exercised separately, and the people shall also be entitled to
additional challenges equal to the number of all the additional
separate challenges allowed the defendants.
   (b) If the offense charged is punishable with a maximum term of
imprisonment of 90 days or less, the defendant is entitled to six and
the state to six peremptory challenges.  When two or more defendants
are jointly tried, their challenges shall be exercised jointly, but
each defendant shall also be entitled to four additional challenges
which may be exercised separately, and the state shall also be
entitled to additional challenges equal to the number of all the
additional separate challenges allowed the defendants.
   (c) In civil cases, each party shall be entitled to six peremptory
challenges.  If there are more than two parties, the court shall,
for the purpose of allotting peremptory challenges, divide the
parties into two or more sides according to their respective
interests in the issues.  Each side shall be entitled to eight
peremptory challenges.  If there are several parties on a side, the
court shall divide the challenges among them as nearly equally as
possible.  If there are more than two sides, the court shall grant
such additional peremptory challenges to a side as the interests of
justice may require; provided that the peremptory challenges of one
side shall not exceed the aggregate number of peremptory challenges
of all other sides.  If any party on a side does not use his or her
full share of peremptory challenges, the unused challenges may be
used by the other party or parties on the same side.
   (d) Peremptory challenges shall be taken or passed by the sides
alternately, commencing with the plaintiff or people; and each party
shall be entitled to have the panel full before exercising any
peremptory challenge.  When each side passes consecutively, the jury
shall then be sworn, unless the court, for good cause, shall
otherwise order.  The number of peremptory challenges remaining with
a side shall not be diminished by any passing of a peremptory
challenge.
   (e) If all the parties on both sides pass consecutively, the jury
shall then be sworn, unless the court, for good cause, shall
otherwise order.  The number of peremptory challenges remaining with
a side shall not be diminished by any passing of a peremptory
challenge.
231.5.  A party may not use a peremptory challenge to remove a
prospective juror on the basis of an assumption that the prospective
juror is biased merely because of his or her race, color, religion,
sex, national origin, sexual orientation, or similar grounds.
232.  (a) Prior to the examination of prospective trial jurors in
the panel assigned for voir dire, the following perjury
acknowledgement and agreement shall be obtained from the panel, which
shall be acknowledged by the prospective jurors with the statement
"I do":
   "Do you, and each of you, understand and agree that you will
accurately and truthfully answer, under penalty of perjury, all
questions propounded to you concerning your qualifications and
competency to serve as a trial juror in the matter pending before
this court; and that failure to do so may subject you to criminal
prosecution."
   (b) As soon as the selection of the trial jury is completed, the
following acknowledgment and agreement shall be obtained from the
trial jurors, which shall be acknowledged by the statement "I do":
   "Do you and each of you understand and agree that you will well
and truly try the cause now pending before this court, and a true
verdict render according only to the evidence presented to you and to
the instructions of the court."
233.  If, before the jury has returned its verdict to the court, a
juror becomes sick or, upon other good cause shown to the court, is
found to be unable to perform his or her duty, the court may order
the juror to be discharged.  If any alternate jurors have been
selected as provided by law, one of them shall then be designated by
the court to take the place of the juror so discharged.  If after all
alternate jurors have been made regular jurors or if there is no
alternate juror, a juror becomes sick or otherwise unable to perform
the juror's duty and has been discharged by the court as provided in
this section, the jury shall be discharged and a new jury then or
afterwards impaneled, and the cause may again be tried.
Alternatively, with the consent of all parties, the trial may proceed
with only the remaining jurors, or another juror may be sworn and
the trial begin anew.
234.  Whenever, in the opinion of a judge of a superior court about
to try a civil or criminal action or proceeding, the trial is likely
to be a protracted one, or upon stipulation of the parties, the court
may cause an entry to that effect to be made in the minutes of the
court and thereupon, immediately after the jury is impaneled and
sworn, the court may direct the calling of one or more additional
jurors, in its discretion, to be known as "alternate jurors."
   These alternate jurors shall be drawn from the same source, and in
the same manner, and have the same qualifications, as the jurors
already sworn, and shall be subject to the same examination and
challenges.  However, each side, or each defendant, as provided in
Section 231, shall be entitled to as many peremptory challenges to
the alternate jurors as there are alternate jurors called.
   The alternate jurors shall be seated so as to have equal power and
facilities for seeing and hearing the proceedings in the case, and
shall take the same oath as the jurors already selected, and shall,
unless excused by the court, attend at all times upon the trial of
the cause in company with the other jurors, but shall not participate
in deliberation unless ordered by the court, and for a failure to do
so are liable to be punished for contempt.
   They shall obey the orders of and be bound by the admonition of
the court, upon each adjournment of the court; but if the regular
jurors are ordered to be kept in the custody of the sheriff or
marshal during the trial of the cause, the alternate jurors shall
also be kept in confinement with the other jurors; and upon final
submission of the case to the jury, the alternate jurors shall be
kept in the custody of the sheriff or marshal who shall not suffer
any communication to be made to them except by order of the court,
and shall not be discharged until the original jurors are discharged,
except as provided in this section.
   If at any time, whether before or after the final submission of
the case to the jury, a juror dies or becomes ill, or upon other good
cause shown to the court is found to be unable to perform his or her
duty, or if a juror requests a discharge and good cause appears
therefor, the court may order the juror to be discharged and draw the
name of an alternate, who shall then take his or her place in the
jury box, and be subject to the same rules and regulations as though
he or she has been selected as one of the original jurors.
   All laws relative to fees, expenses, and mileage or transportation
of jurors shall be applicable to alternate jurors, except that in
civil cases the sums for fees and mileage or transportation need not
be deposited until the judge directs alternate jurors to be
impaneled.
235.  At the request of the sheriff, coroner, or other ministerial
officer, the jury commissioner shall provide such prospective jurors
as may be required to form a jury of inquest.  Prospective jurors so
provided shall be selected, obligated, and compensated in the same
manner as other jurors selected under the provisions of this chapter.
236.  When six or more prospective jurors of inquest attend, they
shall be sworn by the coroner to inquire who the person was, and
when, where, and by what means the person came to his or her death,
to inquire into the circumstances attending the death, and to render
a true verdict thereon, according to the evidence  offered them or
arising from the inspection of the body.
237.  (a) (1) The names of qualified jurors drawn from the qualified
juror list for the superior court shall be made available to the
public upon request unless the court determines that a compelling
interest, as defined in subdivision (b), requires that this
information should be kept confidential or its use limited in whole
or in part.
   (2) Upon the recording of a jury's verdict in a criminal jury
proceeding, the court's record of personal juror identifying
information of trial jurors, as defined in Section 194, consisting of
names, addresses, and telephone numbers, shall be sealed until
further order of the court as provided by this section.
   (3) For purposes of this section, "sealed" or "sealing" means
extracting or otherwise removing the personal juror identifying
information from the court record.
   (4) This subdivision applies only to cases in which a jury verdict
was returned on or after January 1, 1996.
   (b) Any person may petition the court for access to these records.
  The petition shall be supported by a declaration that includes
facts sufficient to establish good cause for the release of the juror'
s personal identifying information.  The court shall set the matter
for hearing if the petition and supporting declaration establish a
prima facie showing of good cause for the release of the personal
juror identifying information, but shall not set the matter for
hearing if there is a showing on the record of facts that establish a
compelling interest against disclosure.  A compelling interest
includes, but is not limited to, protecting jurors from threats or
danger of physical harm.  If the court does not set the matter for
hearing, the court shall by minute order set forth the reasons and
make express findings either of a lack of a prima facie showing of
good cause or the presence of a compelling interest against
disclosure.
   (c) If a hearing is set pursuant to subdivision (b), the
petitioner shall provide notice of the petition and the time and
place of the hearing at least 20 days prior to the date of the
hearing to the parties in the criminal action.  The court shall
provide notice to each affected former juror by personal service or
by first-class mail, addressed to the last known address of the
former juror as shown in the records of the court.  In a capital
case, the petitioner shall also serve notice on the Attorney General.
Any affected former juror may appear in person, in writing, by
telephone, or by counsel to protest the granting of the petition.  A
former juror who wishes to appear at the hearing to oppose the
unsealing of the personal juror identifying information may request
the court to close the hearing in order to protect the former juror's
anonymity.
   (d) After the hearing, the records shall be made available as
requested in the petition, unless a former juror's protest to the
granting of the petition is sustained.  The court shall sustain the
protest of the former juror if, in the discretion of the court, the
petitioner fails to show good cause, the record establishes the
presence of a compelling interest against disclosure as defined in
subdivision (b), or the juror is unwilling to be contacted by the
petitioner.  The court shall set forth reasons and make express
findings to support the granting or denying of the petition to
disclose.  The court may require the person to whom disclosure is
made, or his or her agent or employee, to agree not to divulge jurors'
identities or identifying information to others; the court may
otherwise limit disclosure in any manner it deems appropriate.
   (e) Any court employee who has legal access to personal juror
identifying information sealed under subdivision (a), who discloses
the information, knowing it to be a violation of this section or a
court order issued under this section, is guilty of a misdemeanor.
   (f) Any person who intentionally solicits another to unlawfully
access or disclose personal juror identifying information contained
in records sealed under subdivision (a), knowing that the records
have been sealed, or who, knowing that the information was unlawfully
secured, intentionally discloses it to another person is guilty of a
misdemeanor.


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