2005 Idaho Code - 2-209 — DETERMINATION OF QUALIFICATION OF PROSPECTIVE JUROR -- QUALIFICATIONS -- PHYSICIAN\'S CERTIFICATE OF DISABILITY

                                   TITLE  2
                              JURIES AND JURORS
                                  CHAPTER 2
                          JURY SELECTION AND SERVICE
    2-209.  DETERMINATION OF QUALIFICATION OF PROSPECTIVE JUROR --
QUALIFICATIONS -- PHYSICIAN'S CERTIFICATE OF DISABILITY. (1) The
administrative district judge or administrative district judge's designee,
upon request of the clerk or the jury commissioner or a prospective juror or
on its own initiative, shall determine on the basis of information provided on
the qualification questionnaire form or interview with the prospective juror
or other competent evidence whether:
    (a)  The prospective juror is not qualified to serve on a jury because he
    or she is unable to read, speak, and understand the English language; or
    (b)  The prospective juror is disqualified from service on a jury because
    of a disability which renders the prospective juror incapable of
    performing satisfactory jury service. A person claiming this
    disqualification shall be required to submit a physician's certificate as
    to the disability, and the certifying physician is subject to inquiry by
    the court at its discretion.
    (2)  The clerk or the jury commissioner shall determine on the basis of
information provided on the qualification questionnaire form or interview with
the prospective juror or other competent evidence whether:
    (a)  The prospective juror is not qualified to serve on a jury because the
    person is not a citizen of the United States of America, eighteen (18)
    years of age, and a resident of the county; or
    (b)  The prospective juror is disqualified from serving 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.
    (3)  A person who is disqualified from serving on a jury on the basis of
any of the grounds set forth in subsections (1) and (2) of this section shall
be excused from serving on a jury for a period of two (2) years following the
disqualification. The administrative district judge, or a district judge or
magistrate judge designated by the administrative district judge, may excuse a
person disqualified under subsection (1)(b) of this section for a period of
time greater than two (2) years, or may excuse such person permanently from
serving on a jury. An order excusing such a person permanently or for a period
of time greater than two (2) years shall be based upon a finding as to the
nature and duration of the disability, based upon the information provided in
the qualification questionnaire form, an interview with the prospective juror,
or other competent evidence.