GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 1045

Short Title:  Expedite Jury Selection.	(Public)

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tSponsors: Senator Wellons.  (By Request)

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Referred to:  Judiciary.

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April 21, 1997

A BILL TO BE ENTITLED
AN ACT TO PROVIDE MORE EXPEDITIOUS METHODS OF SELECTING JURORS IN CIVIL AND CRIMINAL CASES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 15A-1214 reads as rewritten:
"§ 15A-1214.  Selection of jurors; procedure.
	(a)	Judge to Choose Method of Jury Selection. – Before the commencement of jury selection, the presiding judge shall, in the judge's discretion, choose the method of jury selection either under subsection (b) of this section or the method of jury selection under subsection (c) of this section, but not both, and shall notify the parties accordingly.
(b)	Strike and Replace Method of Jury Selection. – The Strike and Replace Method of Jury Selection shall be conducted as follows:
(1)	The clerk, under the supervision of the presiding judge, must call jurors from the panel by a system of random selection that precludes advance knowledge of the identity of the next juror to be called. When a juror is called and assigned to the jury box, the juror retains the seat assigned until excused.
	(2)	The judge must inform the prospective jurors of the case in accordance with G.S. 15A-1213. The judge may question the prospective jurors concerning their fitness and competency to determine whether there is cause why they should not serve as jurors in the case, and the judge may, in the judge's discretion, excuse any of these jurors.
	(3)	The prosecutor and the defense counsel, or the defendant if not represented by counsel, may personally question prospective jurors individually concerning their fitness and competency to serve as jurors in the case to determine whether there is a basis for a challenge for cause or whether to exercise a peremptory challenge. Prior to the questioning, the judge may reasonably limit the time available for examination of the prospective jurors.  During the questioning, the judge may limit or terminate the examination if the judge determines that an examination is unduly repetitious, irrelevant, unreasonably lengthy, abusive, or otherwise improper.
	(4)	The prosecutor must conduct the examination of the first 12 jurors seated and make challenges for cause and exercise peremptory challenges. If the judge allows a challenge for cause, or if a peremptory challenge is exercised, the clerk must immediately call a replacement into the box. When the prosecutor is satisfied with the 12 in the box, they must then be tendered to the defendant. Until the prosecutor indicates satisfaction with the jurors, the prosecutor may make a challenge for cause or exercise a peremptory challenge to strike any juror, whether an original or replacement juror.
	(5)	Each defendant must then conduct examination of the jurors tendered the defendant, making challenges for cause and exercising any peremptory challenges. If a juror is excused, no replacement may be called until all defendants have indicated satisfaction with those remaining, at which time the clerk must call replacements for the jurors excused. The judge must, in the judge's discretion, determine the order of examination among multiple defendants.
	(6)	Upon the calling of replacement jurors, the prosecutor must examine the replacement jurors and indicate satisfaction with a completed panel of 12 before the replacement jurors are tendered to a defendant. Only replacement jurors may be examined and challenged. This procedure is repeated until all parties have accepted 12 jurors. 
(c)	Struck Jury Method of Jury Selection. – The Struck Jury Method of Jury Selection shall be conducted as follows:
(1)	The clerk, under the supervision of the presiding judge, must call jurors from the panel by a system of random selection that precludes advance knowledge of the identity of the next juror to be called.  When a juror is called and assigned to the jury box, the juror retains the seat assigned until excused.  The clerk must call the number of jurors that are needed to try the case plus that additional number that will allow for all peremptory challenges permitted and will allow for the number of alternate jurors to be seated in the case; unless the judge, in the judge's discretion, directs the clerk to call either of the following:
a.	A greater number of jurors to accommodate possible challenges for cause.
b.	A fewer number of jurors if the courtroom cannot reasonably accommodate that number of jurors or if some other justifiable reason for calling a fewer number of jurors exists.
(2)	The judge must inform the prospective jurors of the case in accordance with G.S. 15A-1213.  The judge may question the prospective jurors concerning their fitness and competency to determine whether there is cause why they should not serve as jurors in the case, and the judge may, in the judge's discretion, excuse any of these jurors.
(3)	The prosecutor and the defense counsel, or the defendant if not represented by counsel, may personally question prospective jurors individually concerning their fitness and competency to serve as jurors in the case to determine whether there is a basis for a challenge for cause or whether to exercise a peremptory challenge.  Prior to the questioning, the judge may reasonably limit the time available for examination of the prospective jurors.  During the questioning, the judge may limit or terminate the examination if the judge determines that an examination is unduly repetitious, irrelevant, unreasonably lengthy, abusive, or otherwise improper.
(4)	The prosecutor must conduct the examination of all jurors called by the clerk, and then the defendant must conduct the examination.  The prosecutor and the defendant must together exercise challenges for cause and their peremptory challenges, with the prosecutor going first, in a manner such that the jurors are unaware of which party has challenged them.  Then the clerk must swear the remaining jurors, or that number of the remaining jurors, in the order called, that make up the number fixed to try the case, including alternate jurors, and these constitute the jury and alternate jurors; unless the number of jurors remaining is insufficient to satisfy that number needed for the jury and alternates, in which case the clerk must call replacement jurors.  The same process must be used for examinations, challenges for cause, and peremptory challenges for any such needed replacement jurors.  When the number of jurors fixed to try the case, including alternate jurors, is reached after challenges for cause and peremptory challenges have been made, the clerk must swear the remaining jurors, with the first 12 jurors in the order called to serve as the trial jurors and the remaining jurors in the order called to serve as the alternate jurors.  If there are more remaining jurors than are needed to serve as alternate jurors, those remaining jurors who are not needed as alternate jurors must be excused from service for this trial.
(d), (e), and (f)	Reserved.
(g)	If at any time after a juror has been accepted by a party, and  before the jury is impaneled, it is discovered that the juror has made an incorrect statement during voir dire or that some other good reason exists:
(1)	The judge may examine, or permit counsel to examine, the juror to determine whether there is a basis for challenge for cause.
(2)	If the judge determines there is a basis for challenge for cause, the judge must excuse the juror or sustain any challenge for cause that has been made.
(3)	If the judge determines there is no basis for challenge for cause, any party who has not exhausted the party's peremptory challenges may challenge the juror.
Any replacement juror called is subject to examination, challenge for cause, and peremptory challenge as any other unaccepted juror.
(h)	In order for a defendant to seek reversal of the case on appeal on the ground that the judge refused to allow a challenge made for cause, the defendant must have satisfied all of the following:
(1)	Exhausted the peremptory challenges available to the defendant.
(2)	Renewed the challenge as provided in subsection (i) of this section.
(3)	Had the renewal motion denied as to the juror in question.
(i)	A party who has exhausted that party's peremptory challenges may move orally or in writing to renew a challenge for cause previously denied if the party satisfies either one of the following:
(1)	That party had peremptorily challenged the juror.
(2)	That party states in the motion that the party would have challenged that juror peremptorily had the challenges not been exhausted.
The judge may reconsider the denial of the challenge for cause, reconsidering facts and arguments previously adduced or taking cognizance of additional facts and arguments presented. If upon reconsideration, the judge determines that the juror should have been excused for cause, the judge must allow the party an additional peremptory challenge.
(j)	In capital cases the trial judge for good cause shown may direct that jurors be selected one at a time, in which case each juror must first be passed by the State. These jurors may be sequestered before and after selection."
Section 2.  G.S. 9-15 reads as rewritten:
"§ 9-15. Selection of jurors in civil cases; procedure.
	(a)	Judge to Choose Method of Jury Selection. – Before the commencement of jury selection, the presiding judge shall, in the judge's discretion, choose the method of jury selection either under subsection (a1) of this section or the method of jury selection under subsection (a2) of this section, but not both, and shall notify the parties accordingly.
(a1)	Strike and Replace Method of Jury Selection. – The Strike and Replace Method of Jury Selection shall be conducted as follows:
(1)	The clerk, under the supervision of the presiding judge, must call jurors from the panel by a system of random selection that precludes advance knowledge of the identity of the next juror to be called. When a juror is called and assigned to the jury box, the juror retains the seat assigned until excused.
(2)	The judge must inform the prospective jurors of the case. The judge may question the prospective jurors concerning their fitness and competency to determine whether there is cause why they should not serve as jurors in the case, and the judge may, in the judge's discretion, excuse any of these jurors.
(3)	The parties' attorneys, or any party if not represented by counsel, may personally question prospective jurors individually concerning their fitness and competency to serve as jurors in the case to determine whether there is a basis for a challenge for cause or whether to exercise a peremptory challenge.  Prior to the questioning, the judge may reasonably limit the time available for examination of the prospective jurors.  During the questioning, the judge may limit or terminate the examination if the judge determines that an examination is unduly repetitious, irrelevant, unreasonably lengthy, abusive, or otherwise improper.
(4)	The plaintiff's attorney, or the plaintiff if not represented by counsel, must conduct the examination of the first 12 jurors seated and make challenges for cause and exercise peremptory challenges.  If the judge allows a challenge for cause, or if a peremptory challenge is exercised, the clerk must immediately call a replacement into the box. When the plaintiff's attorney, or the plaintiff if not represented by counsel, is satisfied with the 12 in the box, they must then be tendered to the defendant. Until the plaintiff's attorney, or the plaintiff if not represented by counsel, indicates satisfaction with the jurors, the plaintiff's attorney, or the plaintiff if not represented by counsel, may make a challenge for cause or exercise a peremptory challenge to strike any juror, whether an original or replacement juror.
(5)	The defendant's attorney, or the defendant if not represented by counsel, must then conduct the examination of the jurors tendered the defendant, making challenges for cause and exercising any peremptory challenges. If a juror is excused, no replacement may be called until the defendant's attorney, or the defendant if not represented by counsel, has indicated satisfaction with those remaining, at which time the clerk must call replacements for the jurors excused. The judge must, in the judge's discretion, determine the order of examination among multiple defendants.
(6)	Upon the calling of replacement jurors, the parties, in the order determined by the judge, must examine the replacement jurors and indicate satisfaction with a completed panel of 12 before the replacement jurors are tendered to the other party. Only replacement jurors may be examined and challenged. This procedure is repeated until all parties have accepted 12 jurors.
(a2)	Struck Jury Method of Jury Selection. – The Struck Jury Method of Jury Selection shall be conducted as follows:
(1)	The clerk, under the supervision of the presiding judge, must call jurors from the panel by a system of random selection that precludes advance knowledge of the identity of the next juror to be called.  When a juror is called and assigned to the jury box, the juror retains the seat assigned until excused.  The clerk must call the number of jurors that are needed to try the case plus that additional number that will allow for all peremptory challenges permitted and will allow for the number of alternate jurors to be seated in the case; unless the judge, in the judge's discretion, directs the clerk to call either of the following:
a.	A greater number of jurors to accommodate possible challenges for cause.
b.	A fewer number of jurors if the courtroom cannot reasonably accommodate that number of jurors or if some other justifiable reason for calling a fewer number of jurors exists.
(2)	The judge must inform the prospective jurors of the case.  The judge may question the prospective jurors concerning their fitness and competency to determine whether there is cause why they should not serve as jurors in the case, and the judge may, in the judge's discretion, excuse any of these jurors.
(3)	The parties' attorneys, or any party if not represented by counsel, may personally question prospective jurors individually concerning their fitness and competency to serve as jurors in the case to determine whether there is a basis for a challenge for cause or whether to exercise a peremptory challenge.  Prior to the questioning, the judge may reasonably limit the time available for examination of the prospective jurors.  During the questioning, the judge may limit or terminate the examination if the judge determines that an examination is unduly repetitious, irrelevant, unreasonably lengthy, abusive, or otherwise improper.
(4)	The plaintiff must conduct the examination of all jurors called by the clerk, and then the defendant must conduct the examination.  The parties must together exercise challenges for cause and their peremptory challenges, with the plaintiff going first, in a manner such that the jurors are unaware of which party has challenged them.  Then the clerk must swear the remaining jurors, or that number of the remaining jurors, in the order called, that make up the number fixed to try the case, including alternate jurors, and these constitute the jury and alternate jurors; unless the number of jurors remaining is insufficient to satisfy that number needed for the jury and alternates, in which case the clerk shall call replacement jurors.  The same process must be used for examinations, challenges for cause, and peremptory challenges for any such needed replacement jurors.  When the number of jurors fixed to try the case, including alternate jurors, is reached after challenges for cause and peremptory challenges have been made, the clerk must swear the remaining jurors, with the first 12 jurors in the order called to serve as the trial jurors and the remaining jurors in the order called to serve as the alternate jurors.  If there are more remaining jurors than are needed to serve as alternate jurors, those remaining jurors who are not needed as alternate jurors must be excused from service for this trial.
(b)	It shall not be a valid cause for challenge that any juror is not a freeholder or has not paid the taxes assessed against the juror.
(c)	In any civil case, if a juror has a suit pending and at issue in the court in which the juror is serving, the juror may be challenged for cause, and the juror shall be withdrawn from the trial panel and may be withdrawn from the venire in the discretion of the presiding judge.
(d)	In criminal cases challenges are governed by Article 72 of Chapter 15A of the General Statutes, Selecting and Impaneling the Jury."
Section 3.  This act becomes effective December 1, 1997, and applies to offenses committed on or after that date and to causes of action filed on or after that date.