25-1601 Jurors; competency; disqualified; excused, when. - Nebraska Statutes

25-1601. Jurors; competency; disqualified; excused, when.(1) All citizens of the United States residing in any of the counties of this state who are over the age of nineteen years, able to read, speak, and understand the English language, and free from all disqualifications set forth under this section and from all other legal exceptions are and shall be competent persons to serve on all grand and petit juries in their respective counties. Persons disqualified to serve as either grand or petit jurors are: (a) Judges of any court, (b) clerks of the Supreme or district courts, (c) sheriffs, (d) jailers, (e) persons, or the wife or husband of any such person, who are parties to suits pending in the district court of the county of his, her, or their then residence for trial at that jury panel, (f) persons who have been convicted of a criminal offense punishable by imprisonment in a Department of Correctional Services adult correctional facility, when such conviction has not been set aside or a pardon issued, and (g) persons who are subject to liability for the commission of any offense which by special provision of law does and shall disqualify them. Persons who are husband and wife shall not be summoned as jurors on the same panel. Persons who are incapable, by reason of physical or mental disability, of rendering satisfactory jury service shall not be qualified to serve on a jury, but a person claiming this disqualification may be required to submit a physician's certificate as to the disability and the certifying physician is subject to inquiry by the court at its discretion. A nursing mother who requests to be excused shall be excused from jury service until she is no longer nursing her child, but the mother may be required to submit a physician's certificate in support of her request.(2) The district court or any judge thereof may exercise the power of excusing any grand or petit juror or any person summoned for grand or petit jury service upon a showing of undue hardship, extreme inconvenience, or public necessity for such period as the court deems necessary. At the conclusion of such period the person shall reappear for jury service in accordance with the court's direction. All excuses and the grounds for such excuses shall be entered upon the record of the court and shall be considered as a public record. In districts having more than one judge of the district court, the court may by rule or order assign or delegate to the presiding judge or any one or more judges the sole authority to grant such excuses.(3) No qualified prospective juror is exempt from jury service, except that any person sixty-five years of age or older who shall make such request to the court at the time the juror qualification form is filed with the jury commissioner shall be exempt from serving on grand and petit juries.(4) A nursing mother shall be excused from jury service until she is no longer nursing her child by making such request to the court at the time the juror qualification form is filed with the jury commissioner and including with the request a physician's certificate in support of her request. The jury commissioner shall mail the mother a notification form to be completed and returned to the jury commissioner by the mother when she is no longer nursing the child. SourceR.S.1867, Code § 657, p. 509; Laws 1911, c. 171, § 1, p. 548; R.S.1913, § 8135; Laws 1917, c. 139, § 1, p. 325; C.S.1922, § 9071; C.S.1929, § 20-1601; Laws 1939, c. 18, § 1, p. 98; C.S.Supp.,1941, § 20-1601; Laws 1943, c. 45, § 1, p. 191; R.S.1943, § 25-1601; Laws 1953, c. 72, § 1, p. 224; Laws 1955, c. 90, § 1, p. 264; Laws 1959, c. 106, § 1, p. 433; Laws 1959, c. 143, § 1, p. 551; Laws 1969, c. 189, § 1, p. 780; Laws 1979, LB 234, § 2; Laws 1980, LB 733, § 1; Laws 1985, LB 113, § 1; Laws 1993, LB 31, § 2; Laws 2003, LB 19, § 3. Cross ReferencesFor exemption of National Guard, see section 55-173. Annotations1. Competency2. Selection1. CompetencyPursuant to subsection (1) of this section, not every person who works in a jail is necessarily a "jailer". State v. Jacob, 253 Neb. 950, 574 N.W.2d 117 (1998).Holders of assessable policies issued by a mutual insurance company named as a party in an action may serve as jurors if the policyholder can decide the case fairly solely upon the evidence presented at trial. Howard v. State Farm Mut. Auto. Ins. Co., 242 Neb. 624, 496 N.W.2d 862 (1993).Although several husbands and wives were on the same jury panel, there was no evidence that any statutorily disqualified person actually served as a juror at the trial. Schroll v. Fulton, 213 Neb. 310, 328 N.W.2d 780 (1983).Defendant not denied fair trial by statute limiting eligibility for jury duty according to age. State v. Schwartz, 199 Neb. 17, 255 N.W.2d 859 (1977).Excluding nineteen and twenty year olds from petit and grand jury service does not violate constitutional due process guarantees. State v. Foster, 196 Neb. 332, 242 N.W.2d 876 (1976).District court may excuse for cause any grand juror who has been summoned. State v. Abboud, 181 Neb. 84, 147 N.W.2d 152 (1966).Nothing in this section disqualified a negro from jury service. Bell v. State, 159 Neb. 474, 67 N.W.2d 762 (1954).Failure of counsel to again inquire of juror, incompetent and ineligible because of his age, was not waived, where trial court has asked the qualifying questions and juror failed to disclose his ineligibility, when fact is unknown to counsel and parties. Berg v. Griffiths, 126 Neb. 235, 252 N.W. 918 (1934).Juror is presumed to be qualified at time of serving in absence of showing to contrary. Seaton v. State, 109 Neb. 828, 192 N.W. 501 (1923).Mere impairment of eyesight does not render juror incompetent. Reed v. State, 75 Neb. 509, 106 N.W. 649 (1906).Juror must be qualified voter. Russell v. State, 62 Neb. 512, 87 N.W. 344 (1901).Juror must be elector of the county wherein he is called to serve. Hart v. State, 14 Neb. 572, 16 N.W. 905 (1883).Negroes are not incompetent. Brittle v. People, 2 Neb. 198 (1873).2. SelectionStatute exempting certain occupations from jury duty upheld against motion to quash jury panel. State v. Wounded Arrow, 207 Neb. 544, 300 N.W.2d 19 (1980).It is not error to overrule challenge to the array that does not plead facts showing in what way statute was violated. Uerling v. State, 125 Neb. 374, 250 N.W. 243 (1933).Failure to interrogate juror on voir dire as to his competency and to challenge for that cause constitutes waiver of juror's incompetency. Flannigan v. State, 124 Neb. 748, 248 N.W. 92 (1933).Evidence was insufficient to support challenge to the array on ground jury panel was improperly selected. Nelson v. State, 118 Neb. 812, 226 N.W. 438 (1929).