2009 Hawaii Code
Volume 13
TITLE 32 - COURTS AND COURT OFFICERS
CHAPTER 612 - JURORS
§612-4 - Grounds of qualification and disqualification.

     §612-4  Grounds of qualification and disqualification.  (a)  A prospective juror is qualified to serve as a juror if the prospective juror:

     (1)  Is a citizen of the United States and of the State;

     (2)  Is at least eighteen years old;

     (3)  Is a resident of the circuit; and

     (4)  Is able to read, speak, and understand the English language.

     (b)  A prospective juror is disqualified to serve as a juror if the prospective juror:

     (1)  Is incapable, by reason of the prospective juror's disability, of rendering satisfactory jury service; but a prospective juror claiming this disqualification may be required to submit a physician's or physician assistant's certificate as to the disability, and the certifying physician or physician assistant is subject to inquiry by the court at its discretion;

     (2)  Has been convicted of a felony in a state or federal court and not pardoned; or

     (3)  Fails to meet the qualifications in subsection (a). [L 1973, c 191, pt of §1; gen ch 1985; am L 1996, c 168, §1; am L 2007, c 122, §3; am L 2009, c 151, §22]

 

Cross References

 

  Disqualification of judges, see §601-7.

 

Case Notes

 

  A juror is not disqualified to sit in a murder trial because juror is a remote connection by marriage of the deceased.  3 H. 381.

  Person holding commission as special constable, unpaid, not disqualified.  8 H. 10.

  Reference to race permitted under prior laws.  5 H. 501.

  Serving in jury not considered holding public office and legislator qualified.  8 H. 434.

  Juror's opinion formed on general talk leaving unconscious tendency one way or another, or find juror has sufficient knowledge of English though unable to define "impartial", etc.  20 H. 7.  Examination on voir dire, right to reject not to select.  30 H. 697.

  Right to trial by jury, in partition.  30 H. 860.  Dismissal of appeal in circuit court does not infringe right to trial by jury.  30 H. 468.  Action to quiet title, trial by jury.  28 H. 1, aff'd 7 F.2d 325.  Demand for trial by jury in prayer of complaint insufficient.  24 H. 777.

  Membership in police force no disqualification.  187 F.2d 719.

  Subdivision (1) does not include sex.  In the absence of a showing of improper motive or injury to defendant, the fixing by the jury commission of a ratio between men and women to be included on the jury list, although irregular and not authorized by statute, does not warrant a quashal of an indictment.  45 H. 247, 365 P.2d 460.  Fact that jury commissioners rejected for service with the grand jury persons convicted of misdemeanors though rejection was not legally required, did not invalidate jury list.  105 F. Supp. 727.  Jury competence is an individual rather than a group or class matter.  Id.

  Where prospective jurors were able to speak and understand English, trial court properly refused to excuse jurors for cause.  80 H. 107, 905 P.2d 613.