2005 Idaho Code - 2-208 — NAMES RANDOMLY DRAWN FROM MASTER JURY LIST -- QUALIFICATION QUESTIONNAIRE FORMS FOR PROSPECTIVE JURORS -- MAILING AND RETURN -- ORDER TO APPEAR -- CRIMINAL CONTEMPT -- PENALTY FOR MISREPRESENTATION

                                   TITLE  2
                              JURIES AND JURORS
                                  CHAPTER 2
                          JURY SELECTION AND SERVICE
    2-208.  NAMES RANDOMLY DRAWN FROM MASTER JURY LIST -- QUALIFICATION
QUESTIONNAIRE FORMS FOR PROSPECTIVE JURORS -- MAILING AND RETURN -- ORDER TO
APPEAR -- CRIMINAL CONTEMPT -- PENALTY FOR MISREPRESENTATION. (1) The court or
any other state or county official having authority to conduct a trial or
hearing with a jury within the county may direct the jury commission to draw
and assign to that court or official the number of qualified jurors deemed
necessary for one (1) or more jury panels or as required by law for a grand
jury. Upon receipt of the direction and in a manner prescribed by the court,
the jury commission shall publicly draw at random, by use of a manual,
mechanical, or automated system, from the master jury list the number of
prospective jurors specified. Neither the names drawn nor the list shall be
disclosed to any person except upon specific order of the presiding judge.
    (2)  Each person on the prospective jury panel shall be served with a
summons, issued by the clerk of the court or the jury commissioner. The
summons shall be served either personally, or by regular mail or certified
mail, addressed to the prospective juror at that person's usual residence,
business or post office address.
    (3)  The clerk or the jury commissioner shall mail a qualification
questionnaire form, accompanied by instructions, addressed to the prospective
jurors at their usual residence, business or post office address. The
qualification questionnaire form may be sent together with the summons in a
single mailing to a prospective juror. The qualification questionnaire form
shall be in a form prescribed by the supreme court. The qualification
questionnaire form must be completed and returned to the clerk or the jury
commissioner within ten (10) days from the date of mailing. The qualification
questionnaire form shall elicit the name, address of residence, and age of the
prospective juror and whether the prospective juror: (a) is a citizen of the
United States of America and a resident of the county, (b) is able to read,
speak and understand the English language, (c) has any disability impairing
his capacity to render satisfactory jury service, and (d) has lost the right
to serve on a jury because of a felony criminal conviction as provided by
section 3, article VI, of the constitution of the state of Idaho, and who has
not been restored to the rights of citizenship pursuant to section 18-310,
Idaho Code, or other applicable law. The qualification questionnaire form
shall contain the prospective juror's declaration that his responses are true
to the best of his knowledge and his acknowledgment that a willful
misrepresentation of a material fact may be punished as a misdemeanor.
Notarization of the completed qualification questionnaire form shall not be
required. If the prospective juror is unable to complete the form, another
person may do so on his or her behalf and shall indicate that such person has
done so and the reason therefor. If it appears there is an omission,
ambiguity, or error in a returned form, the clerk or the jury commissioner
shall again send the form with instructions to the prospective juror to make
the necessary addition, clarification, or correction and to return the form to
the jury commission within ten (10) days after its second mailing.
    (4)  Any prospective juror who fails to return a completed qualification
questionnaire form as instructed shall be directed by the jury commission to
appear forthwith before the clerk or the jury commissioner to complete the
qualification questionnaire form. At the time of his appearance for jury
service, or at the time of interview before the court, clerk, or the jury
commissioner, any prospective juror may be required to complete another
qualification questionnaire form in the presence of the court, clerk, or the
jury commissioner, at which time the prospective juror may be questioned, but
only with regard to his responses to questions contained on the form and
grounds for his excuse or disqualification. Any information thus acquired by
the court, clerk, or the jury commissioner shall be noted on the qualification
questionnaire form.
    (5)  A prospective juror who fails to appear as directed by the
commission, pursuant to subsection (3) of this section shall be ordered by the
court to appear and show cause for his failure to appear as directed. If the
prospective juror fails to appear pursuant to the court's order or fails to
show good cause for his failure to appear as directed by the jury commission,
he is guilty of contempt and upon conviction may be fined not more than three
hundred dollars ($300) or imprisoned not more than three (3) days, or both,
and postponed to a new prospective jury panel as set by the presiding judge.
    (6)  Any person who willfully misrepresents a material fact on a
qualification questionnaire form for the purpose of avoiding or securing
service as a juror is guilty of a misdemeanor.
    (7)  The contents of the juror qualification questionnaire form shall be
confidential to the extent provided by rules of the Idaho supreme court.
    (8)  The clerk or the jury commissioner may provide an opportunity to a
prospective juror to complete and return the qualification questionnaire form
through electronic mail, facsimile transmission, or other reliable means of
communication prior to mailing the qualification questionnaire form to the
prospective juror. If the prospective juror completes and returns the
qualification questionnaire form in such manner, the qualification
questionnaire form need not be mailed to the prospective juror.