Tennessee § 22-2-302 - Alternate non-automated jury selection method.

§ 22-2-302. Alternate non-automated jury selection method.

In the event that any county of this state cannot obtain and select names for jury selection by automated means pursuant to § 22-2-301 , the county may utilize the alternate jury selection method set out in this section. The jury box, a suitable and well-bound book in which to record the jury list and any necessary stationery shall be purchased by the jury coordinator and paid for by the county, and the jury coordinator shall be the custodian of these items. Neither the book nor the box shall be opened except as provided in this part. The jury coordinator and the circuit court clerk, or the clerk's deputy if the circuit court clerk serves as the jury coordinator, referred to as “witness” in this part, shall meet in the circuit court clerk's office at a time fixed by the presiding judge of the judicial district to select the names of prospective jurors to serve in the courts of the county. The names, which shall constitute the jury list, shall be selected randomly from licensed driver records or lists, tax records, or other available and reliable sources. The jury coordinator may utilize a single source or any combination of sources. The jury coordinator is prohibited from using the permanent voter registration records as a source to compile the jury list. The number of names to be placed on the jury list shall be determined by the presiding judge of the judicial district. The jury coordinator and the circuit court clerk, or the clerk's deputy if the circuit court clerk serves as the jury coordinator, shall repeat this procedure as often as reasonably necessary, but in no event may a list be retained for more than two (2) years. Prior to repeating this procedure and compiling a new jury list, no person may add to or take from the existing list, except as provided in this part. At the top of each page of the well-bound book shall be written or printed the words, “Jury list for County.” Following these words and preceding the list of names shall be written these words, “Jury List Selected by , Jury Coordinator for County, on the day of , .” Immediately following this heading shall be recorded the list of jurors selected, placing one (1) name on each line, arranging the names in alphabetical order and numbering them consecutively, beginning with No. 1. At the end of the list shall be written and signed by the jury coordinator and the witness the following: “I, , Jury Coordinator for County, and , (witness) certify that the foregoing is the jury list selected by us for the next year(s)/month(s)/days for the county. This the day of , .” The names on the list, preceded by the original number thereof, shall be written by the jury coordinator on tickets or cards of paper uniform in size, and placed in the jury box in the presence of the witness, the box to be kept securely locked and under seal, and it shall not be unlocked or the seal broken except by the order of and in the presence of the jury coordinator and a witness, and then only for the purpose of refilling the box or drawing from the box the names of jurors for jury service, or by order of a judge holding court as provided in this part. The jury book shall be kept in secret by the jury coordinator under lock and key and no one shall be allowed to inspect the jury book except the presiding judge of the judicial district or the jury coordinator. Acts 2008, ch. 1159, § 1. Code Commission Notes. The version of this chapter 2 that is applicable in counties having a population of not less than 19,500, nor more than 19,775 and in counties having a population of not less than 28,350, nor more than 28,450, according to the 2000 federal census or any subsequent federal census, was transferred to chapter 5 of this title by the code commission in 2008. Compiler's Notes. Former chapter 2, §§ 22-2-101 — 22-2-315 (Acts 1959, ch. 8, §§ 1-16, 18, 19, 21; 1961, ch. 124, § 1; 1961, ch. 206, § 1; 1967, ch. 182, §§ 1, 2; 1972, ch. 498, § 1; 1972, ch. 826, § 1; 1974, ch. 548, § 1; 1975, ch. 254, §§ 1, 2; 1980, ch. 714, §§ 1-4; 1980, ch. 903, §§ 1-8, 10, 11; 1981, ch. 317, § 1; T.C.A., § 22-223 — 22-236, 22-238 — 22-242, 22-244; Acts 1981, ch. 82, §§ 1-3; 1983, ch. 108, §§ 1-3; 1984, ch. 649, § 1; 1984, ch. 650, § 1; 1984, ch. 716, § 1; 1985, ch. 343, §§ 1, 2; 1988, ch. 736, § 1; 1989, ch. 449, § 1; 1989, ch. 591, §§ 1, 6; 1993, ch. 291, § 1; 1993, ch. 309, § 1; 1994, ch. 642, § 1; 2000, ch. 733, § 1; 2005, ch. 254, § 1; 2005, ch. 429, § 3), concerning selection and attendance of jurors, was repealed by Acts 2008, ch. 1159, § 1, effective January 1, 2009, except in certain counties. See this version of chapter 2 for provisions effective January 1, 2009, except in counties having a population of not less than 19,500, nor more than 19,775 and in counties having a population of not less than 28,350, nor more than 28,450, according to the 2000 federal census or any subsequent federal census. See chapter 5 of this title for provisions effective in counties having a population of not less than 19,500, nor more than 19,775 and in counties having a population of not less than 28,350, nor more than 28,450, according to the 2000 federal census or any subsequent federal census. Acts 2011, ch. 209, § 1 deleted § 22-2-101(b)(1) and (2), effective July 1, 2011. Since § 22-2-101(b)(1) and (2) have been deleted, this chapter is no longer only effective in certain counties, and jurors and jury panels for the counties formerly referenced in § 22-2-101(b)(1) shall no longer be selected in accordance with this chapter as it existed prior to January 1, 2009, which was formerly compiled in title 22, ch. 5, which has been deleted. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 9.13, 25.20. Tennessee Forms (Robinson, Ramsey and Harwell), No. 3-6-6. Law Reviews. Criminal Law in Tennessee in 1980 — A Critical Survey, IV. Procedure (Joseph G. Cook), 48 Tenn. L. Rev. 563. Cross-Sectionalism in Jury-Selection Procedures After Taylor v. Louisiana (Martha Craig Daughtrey), 43 Tenn. L. Rev. 1. Jury Reform in Tennessee, 34 U. Mem. L. Rev. 1 (2003). Special Project: Criminal Procedure as Defined by the Tennessee Supreme Court (Julian L. Bibb and Walter Sillers Weems), 30 Vand. L. Rev. (4) 691. The Tennessee Court Systems — The Jury System, 8 Mem. St. U.L. Rev. 489. Cited: State v. Hester, — S.W.3d —, 2009 Tenn. Crim. App. LEXIS 363 (Tenn. Crim. App. Feb. 5, 2009); State v. Hester, 324 S.W.3d 1, 2010 Tenn. LEXIS 897 (Tenn. Oct. 5, 2010).