Delaware Jury Selection

Jury selection refers to a procedure employed to choose the people from among the community using a reasonably random method to serve on a trial jury.  Prospective jurors shall be selected randomly from the qualified jury wheel or from the master list for assignment to grand, petit and special jury panels from time to time as needed.  If there is an unanticipated shortage of available jurors, the Court may require the sheriff to summon a sufficient number of jurors selected in a manner prescribed by the Court. The Court shall adopt a jury selection plan to carry out the jury selection.  The Court may adopt separate plans and varying regulations for each county and for grand, petit and special juries, and may amend a plan at any time.  The plan shall provide standards and methods for the selection and service of jurors, including but not necessarily limited to the following: •The duties of clerks and the court administrator or other employees of the Court; •The composition of source lists, including whether voter registration lists shall be supplemented with names from other sources; •The selection of names for master lists; •The content of the juror qualification form; •The groups of persons or occupational classes whose members shall be excused from jury service upon request; •The disqualification, excuse and exclusion of prospective jurors; •The maintenance of qualified jury wheels, including the maximum time that the names of prospective jurors shall remain in a qualified jury wheel and the minimum number of names to be contained therein; •The assignment of persons to grand, petit and special jury panels, or to courts other than Superior Court; •The length of jury service; and •The compilation, disclosure and preservation of records used in the selection process. All persons are qualified for jury service except those who are: •Not citizens of the United States; •Less than 18 years of age; •Not residents of the county of prospective jury service; •Unable to read, speak and understand the English language; •Incapable, by reason of physical or mental disability, of rendering satisfactory jury service; or •Convicted felons who have not had their civil rights restored.[i] If the Court determines that in selecting a jury there has been a substantial failure to comply with this rules, the Court may stay the proceedings pending the selection of the jury in conformity, dismiss an indictment or grant other appropriate relief[ii]. A person who fails to appear and show cause as ordered by the Court for failure to comply with a summons to appear for jury service or to complete jury service is guilty of criminal contempt. [i] 10 Del. C. § 4507 (2009) [ii] 10 Del. C. § 4512 (2009)


Inside Delaware Jury Selection