2020 Georgia Code
Title 15 - Courts
Chapter 12 - Juries
Article 5 - Trial Juries
Part 1 - In General
§ 15-12-129.1. Prolonged Session of Court of Record; Choosing and Summoning Prospective Jurors

On and after July 1, 2012, whenever the session of any court of record is prolonged beyond the week or period for which jurors were electronically selected at the close of the preceding term, or where the judge anticipates that the same is about to be so prolonged, or where from any other cause the court has convened or is about to convene and there have been no jurors chosen for the same, the clerk, in the same manner prescribed for choosing prospective jurors at the close of the regular term, shall choose the names of prospective jurors and shall cause them to be summoned.

(Code 1981, §15-12-129.1, enacted by Ga. L. 2011, p. 59, § 1-49/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 notes.

- In light of the similarity of the statutory provisions, annotations decided under Ga. L. 1873, p. 41, § 1; former Code 1882, § 3942; Penal Code 1895, §§ 866 and 871; Penal Code 1910, § 875; Code 1933, §§ 59-712 and 59-713; and former O.C.G.A. §§ 15-12-128 and15-12-129 are included in the annotations for this Code section.

Ineligibility of juror serving in violation of this section is ground for challenge but not ground for new trial. Jordan v. State, 119 Ga. 443, 46 S.E. 679 (1904) (decided under former Penal Code 1895, § 866).

Judge had authority to draw jury at adjourned term if one was not drawn at close of regular term. Worley v. State, 21 Ga. App. 787, 95 S.E. 304 (1918) (decided under former Penal Code 1910, § 875).

City court judge may draw jury in presence of clerk and sheriff for prolonged term. Governor v. State, 5 Ga. App. 357, 63 S.E. 241 (1908) (decided under former Penal Code 1895, § 871).

Cited in Finnegan v. State, 57 Ga. 427 (1876) (decided under Ga. L. 1873, p. 41, § 1); Woolfolk v. State, 85 Ga. 69, 11 S.E. 814 (1890); Rawlings v. State, 163 Ga. 406, 136 S.E. 448 (1926) (decided under former Code 1882, § 3942); Harris v. State, 191 Ga. 243, 12 S.E.2d 64 (1940); Harrison v. State, 120 Ga. App. 812, 172 S.E.2d 328 (1969) (decided under former Penal Code 1910, § 875);(decided under former Code 1933, § 59-712);(decided under former Code 1933, § 59-713).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Jury, § 123.

- 50A C.J.S., Juries, § 350.

- Time jury may or must be kept together upon disagreement in civil case, 164 A.L.R. 1265.