12-16-82
Section 12-16-82 Effect of failure of person summoned as juror to obey summons. If any person summoned as a grand or petit juror shall fail to obey such summons without good excuse, to be determined by the court, he or she shall be deemed guilty of a contempt of court; and, if no sufficient excuse is rendered for him or her at the time of his or her default, an order shall be entered for him or her to show cause why he or she shall not be adjudged guilty of contempt and punished accordingly; and, if he or she shall fail at the next session after the service of such notice to render such excuse, he or she shall be fined by the court not more than three hundred dollars ($300) and may be imprisoned in the county jail for not more than 10 days. In courts holding sessions longer than 30 days, the order shall be made returnable 20 days after it issues, and the person in default shall have 10 days after service in which to appear and render his or her excuse. (Code 1896, §5046; Code 1907,...
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12-16-63
Section 12-16-63 Excusing prospective jurors from service. (a) The court, upon the request of a prospective juror pursuant to this section, shall determine on the basis of information provided during an interview with the prospective juror or based on other competent evidence whether the prospective juror should be excused from jury service. (b) A person who is not disqualified for jury service may apply to be excused from jury service by the court only upon a showing of undue or extreme physical or financial hardship, a mental or physical condition that incapacitates the person, or public necessity, for a period of up to 24 months, at the conclusion of which the person may be directed to reappear for jury service in accordance with the court's direction. (1) A person asking to be excused based on undue or extreme physical or financial hardship shall take all actions necessary to have obtained a ruling on that request by no later than the date on which the individual is scheduled to...
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11-4-23
Section 11-4-23 Duties generally. It shall be the duty of the county treasurer: (1) To receive and keep the money of the county and disburse the same as below stated: a. To pay out of the general fund of the county, on presentation and without being audited and allowed by the county commission, all grand and petit juror certificates and to pay all other claims against the general funds that must be allowed and audited only after they have been audited and allowed and a warrant has issued therefor, but only to the extent so allowed, any warrant to the contrary notwithstanding, and in making payments from said fund he shall observe the order of preference as prescribed by Section 11-12-15. b. To keep in well-bound books separate registers of claims presented against the general fund, the special fund if any and the fine and forfeiture fund. c. To number and register in the order in which they are presented all claims against the general fund which have been audited and allowed by the...
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12-16-200
Section 12-16-200 Evidence which may be received by grand jury; examination, etc., of witnesses. In the investigation of a charge for any indictable offense, the grand jury can receive no other evidence than is given by witnesses before them or furnished by legal documentary evidence, and any witness may be examined and compelled to testify as to any offense within his knowledge without being specially interrogated as to any particular person, time or place. (Code 1852, §553; Code 1867, §4103; Code 1876, §4776; Code 1886, §4350; Code 1896, §5036; Code 1907, §7297; Code 1923, §8679; Code 1940, T. 30, §86.)...
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12-16-196
Section 12-16-196 District attorney and grand jury entitled to free access to county jail and office of county treasurer and to examination of records and papers in county offices. The district attorney and the grand jury shall be entitled to free access, at all proper hours, to the county jail, to the office of the county treasurer and to examination, without charge, of all records and other papers in any of the county offices connected in any way with their duties. (Code 1852, §545; Code 1867, §4095; Code 1876, §4768; Code 1886, §4346; Code 1896, §5032; Code 1907, §7293; Code 1923, §8675; Code 1940, T. 30, §82.)...
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12-16-209
Section 12-16-209 Attendance and duties of district attorney before grand jury generally; district attorney not to be present at expression of opinions or giving of votes by grand jury. The district attorney must attend before the grand jury when required by them, and he may do so whenever he sees fit for the purpose of examining witnesses in their presence or giving them legal advice as to any matter connected with their duties; and he may appear before them at any time to give information as to any matter cognizable by them, but he must not be present at the expression of their opinions or the giving of their votes on any matter before them. (Code 1852, §552; Code 1867, §4102; Code 1876, §4775; Code 1886, §4359; Code 1896, §5045; Code 1907, §7306; Code 1923, §8688; Code 1940, T. 30, §94.)...
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12-16-60
Section 12-16-60 Qualifications of jurors. (a) A prospective juror is qualified to serve on a jury if the juror is generally reputed to be honest and intelligent and is esteemed in the community for integrity, good character and sound judgment and also: (1) Is a citizen of the United States, has been a resident of the county for more than 12 months and is over the age of 19 years; (2) Is able to read, speak, understand and follow instructions given by a judge in the English language; (3) Is capable by reason of physical and mental ability to render satisfactory jury service, and is not afflicted with any permanent disease or physical weakness whereby the juror is unfit to discharge the duties of a juror; (4) Has not lost the right to vote by conviction for any offense involving moral turpitude. (b) The jury commission shall determine, on the basis of information provided on the jury qualification form or interviews with the prospective juror or other competent evidence: (1) If the...
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12-17-226.13
Section 12-17-226.13 Liability of district attorney, staff, officers, etc. (a) Absent wantonness, negligence, or intentional misconduct, the district attorney or his or her staff shall have no liability, criminal or civil, for the conduct of any offender while participating in a pretrial diversion program established under this division or of any service provider or its agents that are contracted to or who have agreed to provide services to the pretrial diversion program. (b) Absent wantonness, negligence, or intentional misconduct, the district attorney, or his or her staff or its officers or employees, shall have no liability, criminal or civil, for any injury or harm to the offender while the offender is a participant in any pretrial diversion program administered pursuant to this division. The district attorney may require written agreed upon waivers of liability as a prerequisite for admittance into the pretrial diversion program. (c) Absent an agreement which includes the consent...
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12-16-212
Section 12-16-212 Examination of witnesses before grand jury in gaming and lottery cases. Witnesses before the grand jury, summoned to give evidence of any violation of the laws against gaming or lotteries, may be required to answer generally as to any such offense, within their knowledge, committed within the 12 months next preceding, without being first specially interrogated as to any particular offense; but no witness must be prosecuted for any offense as to which he testified before the grand jury, and any member of the grand jury may be a witness to prove that fact. (Code 1852, §86; Code 1867, §3628; Code 1876, §4216; Code 1886, §4065; Code 1896, §4805; Code 1907, §6994; Code 1923, §4244; Code 1940, T. 14, §272; Code 1975, §13-7-29.)...
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12-16-6
Section 12-16-6 Duty of court to ascertain qualifications before administering oath to jurors. It is the duty of the court, before administering the oath prescribed by law to any grand, petit or tales jurors, to ascertain that such juror possesses the qualifications required by law, and the duty required of the court by this section shall be considered imperative. (Code 1852, §537; Code 1867, §4087; Code 1876, §4760; Code 1886, §4325; Code 1896, §5010; Code 1907, §7270; Code 1923, §8659; Code 1940, T. 30, §6.)...
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