Ky. Cir. Ct. Clerks' Manual JURY INFORMATION

52 JURY INFORMATION

KRS 29A

Administrative Procedures Part II

To some extent, your duties as clerk will depend upon the needs of the chief circuit judge

(and any designee) and the trial judge.

Details below include jury information and instructions when utilizing the Jury Management

Program and how to manually process juror tasks.

52.1 Jury Management Program

For assistance in utilizing the Jury Management Program please see the

Jury Management Program User Guide. The JMP provides the following:

• Ability to request a randomized list/jury panel as needed electronically.

• Electronic preparation of the juror qualification form and juror summons and the option

for mass mailing by the AOC rather than your office.

• Ability to view, edit, or add information to a juror to be maintained by the JMP,

including the juror’s address and contact information, availability, receipt of juror

qualification form, and notes.

• Track a juror’s attendance, record a postponement or excuse and print reports relating

to a juror’s activity.

• Electronically generate letters to a juror regarding reporting status, the juror’s

postponement, or excuse from service.

• Group jurors by status for quick entry/edits relating to an entire group.

• Electronically generate and print certificates of service for jurors.

• Electronically generates a Juror Roll Call List. The system will also randomly draw jurors

from the main panel into groups.

• Print juror strike sheets and record juror strike actions.

• Add events and group schedules for jury appearance.

• Generate a sheriff juror list.

• Print juror mailing labels.

• Interacts with the bookkeeping system regarding payment of jurors.

Process Map

Process Map

JURY INFORMATION

52.2 Jury Management Program – Randomized List

When your current supply of juror names is exhausted, obtain a randomized Quick Reference

list of prospective jurors from the Jury Management Program by browsing to Jury Management

https://intranet.ds.kycourts.net/jurymanagement/. Program:

https://intranet.ds.

This program allows you to receive jury lists and labels electronically and may kycourts.net/jurym

be obtained in panels on an “as needed” basis. AP II Sec. 3. A Jury anagement/

Management User Guide is available after logging into the program.

The Jury Management Program allows you to prepare the AOC Form 005-A,

Juror Qualification Form and the Juror Summons AOC Form 005 to be mailed

from your office or the option for AOC to prepare and send the documents for

you. AOC Form 005-A

NOTE: All requests for Juror Panels must be made 45 days prior to the day AOC can prepare

they are scheduled to report. Requests must be made through the Jury and mail the Juror

Management Program and all summons will be mailed out centrally by the Summons and any

AOC. Any attachment letter that is to be included with the summons must be attachments for

submitted to the AOC for printing. AP Part II Sec. 6. your office.

52.3 Summons

1. At least thirty (30) days prior to the time for reporting for service, Summons

summons the prospective jurors in sequential order from the randomized prospective jurors

jury list using AOC Form 005, Juror Summons. at least 30 days

2. Enclose AOC Form 005-A, Juror Qualification Form, with the summons (and prior

any additional attachments, return envelopes, etc.) AOC Form 005-A

3. Mail the summons using first-class mail. KRS 29A.060.

NOTE: The sheriff is not involved in serving the initial summons. Those First-class mail

exceptions when the summons may be served by the sheriff are as follows:

• If the envelope containing the summons/juror qualification form is

returned by the post office as undeliverable, notify the judge as

he/she may require personal service to be made by the sheriff.

• If the juror qualification form is not returned within ten (10) days,

and the chief circuit judge or his/her designee directs, prepare

another summons (AOC Form 005, Juror Summons and enclose

AOC Form 005-A, Juror Qualification Form) for personal service by

the sheriff.

JURY INFORMATION

52.4 Juror Qualification Forms Return

1. Upon receipt of a completed and returned AOC Form 005-A, Juror Qualification Form

review the form to determine if the prospective juror has requested a postponement or

excuse from service.

BEST PRACTICE: Organize in one group all qualification forms not requesting a

postponement or an excuse in numerical order. Organize all requests for

excuse/postponement into a second group in numerical order.

2. When using the jury management system mark the status of each juror’s qualification

form as appropriate (i.e., not a resident, medical hardship, felon, death, unable to locate,

etc.) Juror’s whose status shows as “Unable to Locate” or “None” will appear on a

Sheriff’s Report that may be generated from the JMP. Provide the list to your sheriff to

try to make contact with the prospective jurors.

NOTE: Your judge will direct you when to submit the report above to the sheriff based on

your local practice.

JURY INFORMATION

52.5 Excusing or Postponing a Juror

Quick Reference

The chief circuit judge may designate and authorize one or more judges of the

court, the court’s clerk, a deputy clerk, the court’s administrator, or a deputy

court administrator to excuse a juror from service on the basis of the

information provided on the juror qualification form when the prospective

juror:

1. Is under eighteen (18) years of age;

2. Is not a citizen of the United States;

3. Is not a resident of the county;

4. Has insufficient knowledge of the English language;

5. Has been previously convicted of a felony and has not been pardoned or

received a restoration of civil rights by the Governor or other authorized

person of the jurisdiction in which the person was convicted;

6. Is presently under indictment;

7. Has served on a jury within the past twenty-four (24) months; or

8. Is seventy (70) years of age or older and has requested in a space provided

on the juror qualification form that he or she be excused from service for the

period summoned. KRS 29A.080.

If your judge delegates this responsibility to you, you must enter the reason(s)

for excusing or postponing a juror in the space provided on the juror

qualification form. Also see the Jury Management Program Guide to record

excuses.

NOTE: Jurors may be excused from service for a period not to exceed ten AOC Form 010

(10) days or to postpone jury service for a period not to exceed twelve (12) AOC Form 006

months. Only the judge may excuse a juror from service entirely or

The JMP allows you

postpone jury service for a period not to exceed twenty-four (24) months.

to print the excused

KRS 29A.100(3).

or postponed letter

You can use AOC Form 010, Order Excusing or Postponing Jury Duty, or AOC directly from the

Form 006 Juror Notification postcard, to notify anyone who is excused or program instead of

postponed before he/she comes to court. using the form.

The Jury Management Program allows you to print the excused or postponed

letter directly from the program instead of using the form.

NOTE: You must enter the date of availability for all postponed jurors in the Jury

Management Program.

JURY INFORMATION

52.6 Permanent Exemption

KRS 29A.040, KRS 29A.080

When a potential juror is determined to be deceased or the chief circuit judge has granted a

permanent exemption due to a permanent medical condition, you must notify the AOC.

1. Select the appropriate box in the For Office Use Only portion of the form

(either deceased or permanent medical condition). Quick Reference

AOC Form 005-A

2. Sign or have the appropriate court official sign the bottom of the form:

3. If the name is being purged due to death, the form must be signed by the

chief circuit judge;

4. If the name is being purged because of a permanent medical condition

exemption, the form must be signed by the chief circuit judge. KRS Court Services

29A.080(3). Administrative

5. Mail the signed form to Court Services, Administrative Office of the Courts. Office of the Courts

1001 Vandalay

6. Also record the permanent exemption electronically in the JMP. Drive

Frankfort, KY 40601

52.7 NOE of Judgments and Orders

1. After the judgment or order is entered, serve notice of entry on every party who is not in

default or who has not filed a written waiver of notice by making a copy of the judgment

or order that has been stamped ENTERED and mail or hand deliver it to the party or

attorney (omit this step in traffic misdemeanor, and felony cases). CR 77.04(1), RCr

12.06(1) and (3).

2. Make an entry on the document screen showing the manner (mail or personal delivery)

and date of the service of notice of entry or judgment (omit this step in traffic and

misdemeanor cases). CR 77.04(2), RCr 12.06.

JURY INFORMATION

NOTE: If the judgment or order allows an attorney to withdraw as counsel Quick Reference

for a party in a case, complete the ATTORNEY STATUS and W/D on the Complete

party screen. Mail or hand deliver a copy to the party in addition to the ATTORNEY STATUS

attorney withdrawing. and W/D on party

3. If the judgment or order includes child support (AOC Form 152, Uniform screen

Child Support), place a copy of the order in a designated area (box or

basket) in your office for the Office of the Attorney General, Department AOC Form 152

of Child Support Services. AOC Form 152 is a mandatory form. Place copy in

4. If the judgment or order disposes of: designated area

• A civil case: complete the disposition date, disposition type and

judge at disposition fields on the case screen.

• A criminal charge: close the charge screen by competing the

disposition date, disposition type, judge, trial type, original plea and

final plea fields.

5. In a district criminal case - when all charges have been disposed of, the

system will close the case screen by completing the disposition date and

judge at disposition fields on the case screen.

6. In a circuit criminal case - when all charges in the case have been disposed

of and the defendant has been sentenced, close the case by completing

the disposition date and judge at dispositions fields on the case screen. Close the case

52.8 Jury Preparation and Impaneling the Jury

Instructions are provided below for those jurisdictions utilizing the Jury Management

Program and instructions for manually impaneling the jury without the use of the JMP. It is

to be noted that many jurisdictions use a combination of the instruction for the JMP and the

manual process. Follow your local procedures for impaneling the jury.

JURY INFORMATION

52.8.1 Jury Management Program (AP II Sec. 10)

Quick Reference

1. Take attendance through the jury management program.

Take attendance

2. Print the eligible juror list.

3. You can use a hand scanner to scan the barcodes on the list as you call roll

or you can enter by typing in the juror number.

Create new trial

4. From the My Panel list, select the Trials tab and create a new trial.

5. Complete the create trial screen including selecting the number of jurors

you have been instructed to call.

6. The computer will select the jurors to be called. The program will take you

back to the Trials tab.

7. Choose edit to get back to your trial screen. The jurors to be called are

listed on this screen. You can remove jurors and select additional jurors

using this screen.

8. After voir dire, print a strike sheet from the reports option.

9. When the strike sheets are returned remove the jurors that have been

stricken. If you have more jurors than needed, have the system remove

the number of excess jurors. The next screen shows a list of the names

removed. Click Return to Trial to see the list of the jurors selected to serve

on the jury. Print the juror list

10. Print the juror list from the reports section on the left side of the screen.

52.8.2 Manual Process (AP II Sec. 10)

Depending on procedures established by your chief circuit judge (or designee); prior to the

reporting day for a new jury panel you may have to do the following:

1. Prepare numbered cards for the jury box, one for each juror not excused

or postponed, with the identifying number from the randomized jury list.

2. Prepare accounting form, using AOC Form 582.1, Jury, Witness AOC Form 582.1

Reimbursement Schedule.

3. Make a copy of the form for use as an attendance sheet in the courtroom.

4. Make two copies of the juror qualification forms. On trial dates, place the

originals on the bench, and place one copy on each counsel table. Retrieve

the forms when court adjourns.

NOTE: The number of jurors required to be present before the selection

process begins, is determined by your judge(s).

5. After roll call, for those jurors present, place numbered cards in a suitable

box. Shake the box to mix the numbers.

6. Draw as many cards as the judge orders; the numbers drawn represent the

persons who will be the grand jury or petit jury.

JURY INFORMATION

7. As cards are drawn, list the numbers drawn and the corresponding name Quick Reference

from the randomized jury list. The form AOC Form 013, Juror Strike Sheet AOC Form 013

may be used for this purpose.

AOC Form 013A

8. As a juror is excused, mark the name off the list and draw another card to

replace the name as directed by the judge.

9. When the panel is complete, give a copy of the list to each attorney who

will make peremptory challenges/strikes.

10. Select the jury from the remaining names on the list as directed by the

judge.

11. Jurors not selected for the jury shall be assigned by the judge to another

courtroom or dismissed for the day.

52.9 Selection Documents

The contents of any records or papers used by AOC or the clerk in connection

with the jury selection process are confidential, unless required to be made The contents of any

public, are not to be disclosed. KRS 29A.110. records or papers

EXCEPTION: Contents of jury selection records may be disclosed when you used by AOC or the

receive an order from the Chief Justice or when requested for preparation or clerk in connection

presentation of a motion under the rules of civil or criminal procedure. with jury selection

process are

The trial judge, parties, and their attorneys of record may inspect the

confidential, unless

qualification forms unless the chief circuit judge or designee determines in any

required to be

instance in the interest of justice that the information shall be kept

made public, are

confidential or its use limited in whole or in part. KRS 29A.070(7), AP II Sec.

not to be disclosed.

7(7).

KRS 29A.110.

JURY INFORMATION

52.9.1 Jury Strike Sheets:

1. File by completing a document screen using the document type SD- Quick Reference

SEALED DOCUMENT. Document type SD

2. Add a note to the Memo field: “jury strike sheet.”

3. Place the strike sheets in an envelope, seal and place within the case file. Memo: Jury strike

Do not release the sealed envelope from your custody except on court sheet

order, when actually used in a proceeding or when requested for

preparation or presentation of a motion permitted under the rules of civil

or criminal procedure.

4. If a request to review the case file is received, remove the envelope from

the case file.

5. For copies made pursuant to the exceptions outlined above, collect a copy

fee as set forth in the Accounting Manual. If jury selection documents are

furnished to out-of-town attorneys, collect postage fees for the mailing Collect

costs as set forth in the Accounting Manual. Give a receipt for all money copy/postage fees

collected. You are not required to make copies for local attorneys; and give receipt

however, you may make the forms available for review in your office.

NOTE: Once a jury has been selected to hear a case or for grand jury

service, the selected jurors’ names are not confidential. However, before

providing those names please check with your chief circuit Judge.: In the

interest of justice, the chief circuit judge, or his/her designee, may order

that the names be kept confidential. AP Part II, Sec. 10(11).

52.10 Juror Reporting Notification

A telephone answering device should be utilized for jurors to call before reporting for future

jury duty. If you do not have an answering device, the AOC, upon request, will supply one

for your office.

52.11 Juror Fee

1. Pay each juror a fee as set forth in the Accounting Manual for each day the

juror answers roll call.

2. Upon request, complete AOC Form 015, Certificate of Service (Jury). AOC Form 015

3. Your judge may elect to give the jurors AOC Form 020, Recognition of AOC Form 020

Contribution to the Administration of Justice.

JURY INFORMATION

52.12 Jury Fees

1. Collect a jury fee as set forth in the Accounting Manual. Collect the fee at Quick Reference

the time a jury trial is requested from the person who makes the request, Collect jury fee

unless he/she has a court order permitting him/her to proceed in forma

pauperis. AP II Sec. 33

2. If the court enters an order finding that a request for a jury trial was

withdrawn or the case was disposed of at least two (2) court days prior to

the date set for trial, refund the fee to the person who paid it or as

otherwise ordered by the court. AP II Sec. 31(3). A Party requesting a

refund without a court order should be directed to request a finding from

the court. For additional instructions on refunding fees, see the Accounting

Manual.

3. If two or more cases are consolidated and tried together, collect only one jury fee. AP II

Sec. 33(2).

52.12 List Destruction

After the randomized jury list has been exhausted, and all persons selected to serve as

jurors have been discharged, all records and papers compiled in the selection process shall

be destroyed. AP II, Sec. 14.

For more information, see Destruction of Records.

52.13 Avowals

Avowal means a direct declaration or affirmation. This is a sworn statement made before

the court. Usually, an avowal is made by a witness after a court rules that his/her testimony

cannot be admitted in trial. Avowal forms part of the court record. A higher court can

consider it in an appeal against a denial to accept the testimony.

Questions Answers

How should clerks make The avowal must be placed in the court record, whether

the avowal part of the it is by paper or recorded.

court record and retain so

it is not distributed?

Who should have access Unless ordered otherwise, the avowal is public record

to the avowal? and may be accessed by any party.

At what point can a The avowal can be accessed at any time.

person or party access the

avowal?