Section 10 - Selection of Petit and Grand Jury(1) To select a grand jury or petit jury from a jury panel, the judge or designee at the time of selection should utilize the Jury Management Program whenever possible.(2) If it is not possible to utilize the Jury Management Program to select a grand jury or petit jury, the judge or designee at the time of selection shall: (a) Take identifying numbers from those assigned on the jury panel;(b) Deposit in a box numbers bearing the same numbers as those assigned to the panel;(c) Draw the required amount of numbers, dependent on the number of jurors to be chosen, including alternates, from the box and record each number as it is drawn.(3) The persons whose numbers have been selected or drawn pursuant to subsection (1) or (2) of this section shall constitute the grand jury or petit jury as the case may be, unless excused or removed by challenge.(4) As prospective jurors are excused or challenged, additional numbers shall be selected or drawn pursuant to subsection (1) or (2) of this section, one for each juror required, until all numbers have been exhausted.(5) In the event that all numbers are exhausted before a jury is chosen, the judge shall ascertain whether jurors who have been assigned to another courtroom are available. Jurors assigned to any district or circuit court may be used in any other division of district or circuit court when jurors are needed.(6) The chief circuit judge or designee shall regulate the random assignment of jurors for use in circuit and district courts. Any petit juror assigned to a judge of circuit or district court may be used by any other judge of any other division of circuit or district court when jurors are needed.(7) Jurors who are not selected for a jury shall be directed to report to the clerk's office (or other central location) to receive another assignment or be dismissed for the day. In those counties using a telephone answering service or local juror website for daily messages to jurors, all jurors should be reminded to continue to call the telephone answering service or check the website, when available, for further assignments.(8) When there is an unanticipated shortage of available jurors obtained from a randomized jury list, the chief circuit judge may cause to be summoned a sufficient number of jurors selected sequentially by the judge from the randomized jury list beginning with the first name following the last name previously selected. Jurors summoned in this way need not be given the notice provided in Section 6 of these Rules.(9) Except as provided in subsection (8) of this section, only persons duly summoned and qualified under these procedures shall serve as jurors.(10) If after making a fair effort in good faith, the judge is satisfied that it will be impracticable to obtain a jury free of bias in the county in which the prosecution is pending, the judge may obtain a sufficient number of jurors from some adjoining county in which the judge believes there is the greatest probability of obtaining impartial jurors. The judge shall request the chief circuit judge for the adjoining county to draw and summon as many jurors as are needed. Jurors summoned in this way need not be given the notice provided in Section 6 of these Rules.(11) The names of jurors selected as grand and petit jurors shall be made available to the public unless the chief circuit judge, or designee, determines that in the interest of justice, the names shall be kept confidential.Ky. Admin. P. Ct. Justice. 10
Amended by Order 2020-73, eff. 12/2/2020; amended by Order 2017-04, eff. 10/1/2017; amended eff. 4/20/1995; adopted eff. 11/15/1991.