ARTICLE 1 - QUALIFICATIONS, SELECTION AND EMPANELING OF JURIES

(a) A person is qualified to act as a juror if he is:

(i) An adult citizen of the United States who has been a resident of the state and of the county ninety (90) days before being selected and returned pursuant to W.S. 1-11-106;

(ii) In possession of his natural faculties, of ordinary intelligence and without mental or physical infirmity preventing satisfactory jury service;

(iii) Possessed of sufficient knowledge of the English language.

(b) No citizen shall be excluded from service as a juror on account of race, color, religion, sex, age, national origin or economic status.

(c) The court shall discharge a person from serving as a juror if the person is not qualified to act as a juror under subsection (a) of this section.

A person who has been convicted of any felony is disqualified to act as a juror unless his conviction is reversed or annulled, he receives a pardon or his rights are restored pursuant to W.S. 7-13-105(a) or (f).

(a) A person is exempt from jury service if the person is:

(i) A salaried and active member of an organized fire department or an active member of a police department of a city, town or law enforcement agency of the county or state;

(ii) An elected public official;

(iii) An active duty member of the Wyoming national guard; or

(iv) A person exempt under federal law or regulation, including an active duty member of the armed forces when service on a jury would unreasonably interfere with his performance of military duties or adversely affect the readiness of his unit, command or activity pursuant to 32 C.F.R. Part 144.

(b) The court shall discharge a person from serving as a trial juror for the jury term in which he is summoned if it satisfactorily appears that the person is exempt and specifically claims the benefit of the exemption under W.S. 1-11-105.

(a) A juror may not be excused for a trivial cause or for hardship or inconvenience to his business, but only when material injury or destruction to his property or property entrusted to him is threatened, or when his health or the sickness or death of a member of his family requires his absence. A person who has attained the age of seventy-two (72) years may be excused at his request. A person may be excused from jury duty when the care of that person's young children requires his absence. Any person who has served on a jury during a jury term shall, upon request, be excused from further jury service in that court for the remainder of that jury term and in the discretion of the court may be excused from jury service for the following jury term.

(b) For the purposes of this section:

(i) A person has served on a jury during a jury term when he is summoned to serve and he has been selected as a juror in any court within the judicial district and has taken the oath required under W.S. 1-11-201;

(ii) A person has not served on a jury during a jury term if he is disqualified for that jury term pursuant to W.S. 1-11-102 or is discharged for that jury term pursuant to W.S. 1-11-103.

If a person exempt from jury duty is summoned as a juror, he may submit a declaration under penalty of perjury stating his purported grounds for exemption. If the court determines that the declaration sufficiently demonstrates that the person is not required to serve as a juror pursuant to W.S. 1-11-103(a), the court shall discharge the person from serving as a trial juror for the jury term in which he was summoned. A person who is discharged under this section is not required to appear in court. Failure of any person who is exempt to submit a declaration under penalty of perjury is a waiver of his exemption, and he is required to appear upon the day for which the jury is summoned and serve as a juror the same as if he were not entitled to exemption unless otherwise excused by the court.

(a) The list of persons selected to serve as prospective trial jurors, compiled pursuant to W.S. 1-11-129, is the base jury list for the district court and the circuit court for the jury term set by each court.

(b) The clerk shall prepare a certificate containing the names constituting the base jury list, and summon them to serve as jurors for the jury term for which they have been selected.

(a) Repealed By Laws 2014, Ch. 53, § 2.

(b) In conducting jury trials, judges of the circuit courts shall exercise and perform the same functions, powers and duties as are prescribed for both the judge and the clerk of the district court in W.S. 1-11-101 through 1-11-401, insofar as practicable.

(c) Repealed by Laws 1983, ch. 138, § 3.

(a) The clerk shall choose the prospective jurors from the base jury list using a random method of selection.

(b) Repealed By Laws 2014, Ch. 53, § 2.

(c) If any person selected is not qualified to serve as a trial juror, the name of the person shall be stricken from the base jury list from which summoned. If any person selected is exempt from serving as a trial juror under W.S. 1-11-103(a) and the person has claimed the exemption under W.S. 1-11-105, then the name of the person shall be stricken from the base jury list for the jury term from which summoned.

(d) When the necessary number of jurors has been randomly selected, the clerk shall make and certify a list of the names selected. The certificate shall state:

(i) The date of the court order for the selection;

(ii) The date of the selection;

(iii) The number of jurors selected;

(iv) The names and addresses of the competent jurors; and

(v) The place where the jurors are required to appear.

(e) The jurors on the certified list shall be summoned to appear.

Each grand juror and petit juror summoned shall appear before the court on the day and at the hour specified by the court, and depart only with permission of the court.

(a) The persons summoned by the clerk shall appear in answer to the summons and be examined as to their qualifications. If after all qualified trial jurors have been accepted it appears that there are not enough in attendance, the court shall order the clerk to randomly select the necessary number of names from the base jury list to complete the jury panel, and the clerk shall continue to randomly select names until a sufficient number of jurors are obtained. The persons so selected shall be summoned to appear.

(b) Repealed by Laws 1983, ch. 138, § 3.

(a) Service of a summons may be made by such means as the court may order. If service is accomplished through the sheriff's office, the sheriff's costs shall be paid by the county.

(b) If necessary the court may require proof of service.

Any juror summoned who willfully and without reasonable excuse fails to attend may be arrested and compelled to attend and is subject to contempt of court.

At the opening of court on the day that trial jurors are summoned and notified to appear, the clerk shall call the names of those jurors notified to appear. The court shall hear the jurors who are present, and shall excuse those whom the court finds are exempt, disqualified or have material cause for being excused.

If at any time during the empaneling of a jury all the names selected for the panel are exhausted, the court shall enter an order directing that such additional number of names as necessary be randomly selected from the base jury list. The court may excuse any jurors so selected if it appears that, because of distance, the delay occasioned by notifying the juror and requiring his presence would unduly prolong empaneling the trial jury. The clerk shall notify the persons selected and not excused to appear in court immediately. The process shall continue from time to time when necessary until a jury is obtained.

Trial juries in circuit courts shall be composed of six (6) persons. Trial juries in civil cases and all other proceedings in the district courts except criminal cases shall be composed of six (6) jurors unless one (1) of the parties to the action files a written demand for twelve (12) jurors within the time a demand for jury may be filed, in which event the number of jurors shall be twelve (12). Jurors in all courts shall be allowed the same fees and mileage as jurors in district court.

The first six (6) persons, or other number of persons designated for a jury under W.S. 1-11-119, who appear as their names are randomly selected and are approved as indifferent between the parties and not discharged or excused shall be sworn and constitute the jury to try the issue.

After the jury is discharged the jurors, upon request, shall be excused from jury service for the remainder of the calendar year.

The name of a juror who is absent when his name is selected, or is set aside, or excused from serving on that trial shall remain on the base jury list.

If a sufficient number of jurors duly selected and notified do not attend to form a jury the court shall direct the clerk to select a sufficient number of names from the base jury list to complete the jury and shall summon the persons selected to attend immediately or at a time fixed by the court. If for any reason a sufficient number of jurors to try the issue is not obtained from the persons notified, the court may make successive orders until a sufficient number is obtained. The court may excuse any juror so selected if it appears that, because of distance, the delay occasioned by summoning the juror and requiring his presence would unduly prolong empaneling the trial jury. Each person so notified, unless excused by the court, shall serve as a juror at the trial. For a neglect or refusal to serve he may be fined in the same manner as a trial juror regularly selected and notified and he is subject to the same exceptions and challenges as any other trial juror.

It is not a valid objection to a jury that it contains none of the jurors originally returned to the court or is only partially composed of such jurors or that the base jury list was not supplemented as permitted herein.

The supreme court shall compile a base jury list for each county. The supreme court shall compile a base jury list for the state as necessary under W.S. 7-5-303. The base jury lists shall be compiled from voter lists and may also include names from Wyoming driver's license or Wyoming department of transportation state identification lists. The base jury lists prepared by the supreme court and panels or lists of prospective jurors selected by the clerk of court may be compiled and maintained using any manual, mechanical, electronic or other means calculated to ensure the integrity of the system and a random selection process.