§ 5-203 Trial Jury Management

A. Master Jury List. The jury commissioner shall produce the master jury list required by A.R.S. § 21-301 at least twice each year.

B. Use of Automation. The use of a jury management automation system as provided in ACJA § 1-501(B) is encouraged.

C. Procedures for Determining Eligibility of Trial and Grand Jurors.

1. Each person shall return the questionnaire fully answered to the jury commissioner or jury manager who issued the questionnaire within ten days after receiving it.

2. The jury commissioner or jury manager shall give at least seven days’ notice to any person ordered to appear pursuant to A.R.S. § 21-315(B) to testify under oath or affirmation concerning the person’s qualifications or grounds for excuse or to complete a questionnaire.

D. Summoning Procedures. The jury commissioner or jury manager shall summon jurors at least ten days before the jurors are required to attend, unless otherwise required by rule or statute or upon order of the court, for good cause shown.

E. Alternative Juror Summoning Procedures.

1. Upon approval, a superior court with multiple court locations in a county may use alternative juror summoning procedures. To obtain approval, the jury commissioner shall submit a plan for alternative summoning to the approving authority, which is either the presiding judge of the superior court or the chief justice of the supreme court, containing the following:

a. The reason for proposing the alternative summoning procedures;

b. A detailed explanation of the alternative procedures to be used for summoning jurors to each court location;

c. An explanation of how the alternative procedures provide for the summoning of jurors from a fair cross section of the community;

d. Any additional justification of the reasonableness of the alternative procedures; and

e. An explanation of how the alternative procedures satisfy the requirements of the constitutions of the United States and State of Arizona.

2. Before submitting a plan for alternative summoning for approval, the jury commissioner shall circulate the plan to the State Bar of Arizona, the county bar association, the county attorney’s office, the county public defender’s office, and other interested parties, as appropriate, for comment. If comments are received, the jury commissioner shall consider the comments and make changes to the plan as appropriate. The jury commissioner shall then submit the plan and any comments not incorporated to the approving authority. Approval may be obtained in one of two ways:

a. Approval by presiding judge. If the jury commissioner submits the plan to the presiding judge for approval, the presiding judge shall forward a copy of the plan and all comments to the Administrative Office of the Courts (AOC). The AOC shall review the plan, obtain expert advice as appropriate, and provide comments to the presiding judge within 90 days. Following receipt of the AOC comments, the presiding judge shall either approve the plan by administrative order, request modifications or reject the plan. An approval shall be effective for a period not to exceed five years.

b. Approval by the chief justice. If the jury commissioner submits the plan to the chief justice for approval, the AOC shall review the plan, obtain expert advice as appropriate, and place it on an agenda of the Arizona Judicial Council. At the Council meeting, parties may appear and offer comments. The Council shall recommend approval, approval with modifications or disapproval. The chief justice shall then either approve the plan by administrative order, request modifications or reject the plan. An approval shall be effective for a period not to exceed five years.

3. A plan, or substantial modifications to a plan, shall be implemented only after approval through the procedure outlined in subsection (E)(2) above. Upon advance written notice the presiding judge or chief justice may withdraw approval of a plan because of a significant change in law or circumstances and provide the jury commissioner the opportunity to submit an acceptable modification of the plan. Any plan approved for implementation shall be reviewed by the jury commissioner at least every five years to determine if the plan requires modification. The jury commissioner shall submit any required modifications or recommend that the plan be renewed without modification, in the manner provided in subsection (E)(2) above. Whenever a plan is modified, the jury commissioner shall promptly forward a copy of the new plan to the AOC.

4. The jury commissioner shall post the current plan for alternative summoning to the jury commissioner’s website.

F. Jury Manager. The presiding judge of each limited jurisdiction court shall designate a jury manager, as defined in A.R.S. § 21-101(3), and shall send notice of such designation to the presiding judge of the superior court and to: Court Services Division Administrative Office of the Courts 1501 W. Washington, Suite 410 Phoenix, AZ 85007 Fax: (602) 452-3659 Ph: (602) 452-3453

G. Selection of Prospective Jurors. The opportunity for jury service shall not be denied or limited on the basis of race, national origin, color, ethnicity, ancestry, gender, age, religious belief, income, occupation, disability, or sexual orientation.

H. Exemption, Excuse, and Postponement. Prospective jurors seeking to postpone their jury service shall be permitted to submit a request by phone, mail, in person, or electronically if the court offers this option. Court officials shall promptly respond to requests to postpone service or to be excused from service. Any time a juror is granted a postponement or is excused from service, the court shall make an appropriate record of its decision.

I. Juror Biographical Information. To reduce the time required for voir dire, basic background information regarding panel members, as required by Rules 47(b) of the Arizona Rules of Civil Procedure and 18.3 of the Arizona Rules of Criminal Procedure, shall be made available to counsel for each party on the day on which jury selection is to begin. The jury commissioner shall obtain and maintain such information as to each potential juror in a manner and form to be approved by the supreme court.

J. Efficient Jury Management.

1. Administration of the jury system. The judicial department shall be solely responsible for administering the jury system in compliance with statute and this section.

2. Notification and summoning. The following procedures shall apply to notifying and summoning jurors:

a. The notice summoning a person to jury service and the questionnaire eliciting essential information regarding that person shall be phrased so as to be readily understood by an individual unfamiliar with the legal and jury systems.

b. A summons shall clearly explain how and when the recipient must respond and the consequences of a failure to respond. The summons shall also contain clear directions on where to report for service.

c. A summons shall clearly state the process for prospective jurors to seek excuse or postponement of their jury service.

d. The questionnaire shall be phrased and organized to facilitate quick and accurate screening, and should request only information essential for:

(1) Determining whether a person meets the criteria for eligibility;

(2) Providing basic background information ordinarily sought during voir dire examination; and

(3) Efficiently managing the jury system.

e. Written policies and procedures shall be established for monitoring failures to respond to summons and for taking appropriate action when failures occur.

3. Monitoring the jury system. Courts shall periodically monitor the performance of their jury system and should collect and analyze information regarding the performance of the jury system on a regular basis in order to ensure:

a. The representativeness of the master jury list;

b. The inclusiveness of the master jury list;

c. The effectiveness of qualification and summoning procedures;

d. The responsiveness of individual citizens to jury service summonses;

e. The efficient utilization of jurors;

f. The cost effectiveness of the jury system; and

g. The court’s ability to meet jurors’ needs.

4. Juror utilization. To the extent feasible within operational and budgetary limitations, courts shall implement the following relating to the number of jurors summoned to the courthouse:

a. Adopt procedures that achieve optimum juror utilization with a minimum of inconvenience to jurors.

b. Determine the minimally sufficient number of jurors needed to accommodate trial activity. This information and appropriate management techniques should be used to adjust both the number of individuals summoned for jury service and the number assigned to jury panels.

c. Coordinate jury management and calendar management for effective juror utilization.

5. Jury facilities. To the extent possible within budgetary limitations, courts shall provide adequate facilities for jurors, arranged to minimize contact between jurors, parties, counsel, and the public. These facilities should include:

a. Safe, convenient and free parking;

b. Entrance and registration areas that are clearly identified and appropriately designed to accommodate the daily flow of prospective jurors to the courthouse;

c. A pleasant and safe waiting facility furnished with suitable amenities; and

d. Safe and secure jury deliberation rooms with adequate space, furnishings and facilities.

6. Juror compensation. Persons called for jury service shall be promptly compensated for fees and mileage pursuant to statute and local court policy.

K. Juror Orientation. Courts shall provide some form of orientation to persons called for jury service upon initial contact prior to service, upon first appearance at the courthouse, and upon reporting to a courtroom for voir dire. Orientation programs should be designed to increase prospective jurors’ understanding of the judicial system, prepare them to serve competently as jurors, and be presented in a uniform and efficient manner using a combination of written, oral, electronic and audiovisual materials. Any orientation materials provided to jurors shall be consistent with this section and all applicable rules and statutes. Any handbook used to orient jurors shall be approved by the supreme court.

L. Frequency of Grand Juror Service. A county grand juror shall not be asked to serve more than two days per week, and a state grand juror shall not be asked to serve more than three days per week, unless approved by the presiding judge. Adopted by Administrative Order number 2003-34, effective March 20, 2003. Amended by Administrative Order number 2003-96, effective October 22, 2003. Amended by Administrative Order number 2004-34, effective June 9, 2004. Amended by Administrative Order 2007-105, effective January 1, 2008. Amended by Administrative Order 2009-44 effective April 29, 2009. Amended by Administrative Order 2023-178, effective November 1, 2023.