2020 Georgia Code
Title 15 - Courts
Chapter 12 - Juries
Article 4 - Grand Juries
Part 1 - General Provisions
§ 15-12-65.1. Mailing of Summonses; Failure to Receive Notice

On and after July 1, 2012, the clerk shall be authorized to mail all summonses by first-class mail addressed to the prospective jurors' most notorious places of abode at least 25 days prior to the date of the court the prospective jurors shall attend. Failure to receive the notice personally shall be a defense to a contempt citation.

(Code 1981, §15-12-65.1, enacted by Ga. L. 2011, p. 59, § 1-33/HB 415.)

- Ga. L. 2011, p. 59, § 1-1/HB 415, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Jury Composition Reform Act of 2011.'"

JUDICIAL DECISIONS

Editor's note.

- In light of the similarity of the statutory provisions, annotations decided under former Penal Code 1910, § 827; former Code 1933, § 59-206; and former O.C.G.A. § 15-12-65 are included in the annotations for this Code section.

Statutes for selecting, drawing, and summoning jurors form no part of system to procure impartial jury, and are directory to those whose duty it is to select, draw, and summon persons for jurors. Hulsey v. State, 172 Ga. 797, 159 S.E. 270 (1931) (decided under former Penal Code 1910, § 827).

- Provision of this section with respect to the precept is directory merely, and not mandatory, and a failure of the clerk of the superior court to carry out such provision affords no ground for a challenge to the array of the jurors put upon a defendant in a criminal case. Newham v. State, 35 Ga. App. 391, 133 S.E. 650 (1926) (decided under former Penal Code 1910, § 827).

This section merely requires that precept contain names of persons drawn. Hulsey v. State, 172 Ga. 797, 159 S.E. 270 (1931) (decided under former Code 1933, § 59-206).

Failure of a juror to receive adequate notice is a defense to any contempt citation brought against that juror. Hunt v. State, 204 Ga. App. 799, 420 S.E.2d 656 (1992) (decided under former Code 1933, § 59-206).

Cited in Culpepper v. United States Fid. & Guar. Co., 199 Ga. 566, 33 S.E.2d 168 (1945) (decided under former Code 1933, § 59-206).

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Grand Jury, § 22. 47 Am. Jur. 2d, Jury, § 122.

- 38A C.J.S., Grand Juries, § 46 et seq.