Idaho § 2-212

§ 2-212.

Excusing or postponing jury service - Inquiry by court - Grounds for excusing or postponing - VOLUNTEER ELECTION SERVICE IN LIEU OF JURY SERVICE. (1) The court, or a member of the jury commission designated by the court, upon request of 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 the prospective juror should be excused from jury service or have jury service postponed. The clerk or the jury commissioner shall keep a record of this determination.

(2) A person who is seventy (70) years of age or older shall be permanently excused if the person indicates on the qualification questionnaire form that he or she wishes to be excused. A person who requests to be excused on this basis shall be reinstated to the county jury list by submitting a written request asking to be reinstated for jury service.

(3) A person who is not disqualified for jury service under section 2-209 , Idaho Code, may have jury service postponed by the court or the jury commissioner only upon a showing of undue hardship, extreme inconvenience, or public necessity, or upon a showing that the juror is a mother breastfeeding her child.

(a) Any person requesting a postponement shall provide a written statement setting forth the reason for the request and the anticipated date that the reason will no longer exist.

(b) The court or the jury commissioner may require a person requesting a postponement for any medical reason to provide a statement from a medical provider supporting the request.

(c) The postponement, if granted, shall be for a period of time as the court or the jury commissioner deems necessary, at the conclusion of which the person shall reappear for jury service in accordance with the direction of the court or the jury commissioner.

(4)(a) If the county clerk determines that there is a shortage of election personnel necessary to facilitate the operations of an upcoming county-run election, the county clerk may submit a request to the jury commission and the court to offer prospective jurors who request to be excused from jury service, or for a postponement of jury service, pursuant to subsections (2) and (3) of this section, the opportunity to volunteer for election service as poll workers in the next county-run election in lieu of jury service. The county clerk’s request shall specify the number of volunteer positions required, as well as the dates and times when such volunteers will need to be available.

(b) If a request is made by a county clerk pursuant to paragraph (a) of this subsection, the court may offer to prospective jurors who have grounds to be excused from jury service or to have jury service postponed the opportunity to serve as volunteer poll workers in accordance with the county clerk’s specified needs. The volunteer election service in lieu of jury service provided in this subsection shall be granted only for the number of positions requested by the county clerk and at the discretion of the court.

(c) If a prospective juror accepts the volunteer election service opportunity pursuant to this subsection and completes such service in a manner acceptable to the county clerk, the prospective juror shall be excused from jury service for the next two (2) years. The county clerk shall furnish to the jury commission the names of each prospective juror who accepted the election service in lieu of jury service provided in this subsection and shall indicate whether such prospective juror completed the election service. A prospective juror who accepts the election service pursuant to this subsection, but fails to complete the election service shall be reinstated to the county jury list.

[2-212, added 1971, ch. 169, sec. 11, p. 799; am. 1986, ch. 295, sec. 1, p. 742; am. 2002, ch. 94, sec. 6, p. 261; am. 2005, ch. 190, sec. 9, p. 588; am. 2019, ch. 222, sec. 5, p. 685; am. 2026, ch. 59, sec. 2, p. 254.]