Section 8-404 - Disqualification by trial judge. - Maryland Statutes

§ 8-404. Disqualification by trial judge.
 

(a)  Party to civil suit.- Notwithstanding § 8-103(a) of this title, a trial judge may strike an individual who is party in a civil case while the individual is entitled to a jury trial in the county. 

(b)  From particular jury.-  

(1) Whenever more individuals than are needed to impanel a jury have been summoned, an individual may be excused but only in accordance with rule or other law. 

(2) An individual who is summoned for jury service may be struck from a particular jury only: 

(i) In accordance with rule or other law, by a party on peremptory challenge; 

(ii) For good cause shown, by a trial judge on a challenge by a party; or 

(iii) Subject to paragraph (3) of this subsection, by a trial judge who finds that: 

1. The individual may be unable to render impartial jury service; 

2. The individual's service likely would disrupt the proceeding; or 

3. The individual's service may threaten the secrecy of a proceeding or otherwise affect the integrity of the jury deliberations adversely. 

(3) A trial judge may not strike an individual under paragraph (2)(iii)3 of this subsection, unless the judge states on the record: 

(i) Each reason for the strike; and 

(ii) A finding that the strike is warranted and not inconsistent with §§ 8-102(a) and (b) and 8-104 of this title. 

(4) An individual struck under this subsection may serve on another jury for which the basis for the strike is irrelevant. 

(c)  Capital case.-  

(1) A trial judge may strike an individual on the basis of the individual's belief for or against capital punishment only if the judge finds that the belief would prevent or substantially impair the individual from returning an impartial verdict according to law. 

(2) An individual struck under this subsection may serve on another jury for which the basis for the strike is irrelevant. 
 

[2006, ch. 44, § 6; ch. 372, § 13.]