CHAPTER 23A-19
THE JURY PANEL
23A-19-1 Panel defined.
23A-19-2 Challenge to panel defined.
23A-19-3 Grounds for challenge to panel--Bias of officer summoning additional jurors.
23A-19-4 Time for challenge to panel--Ground stated.
23A-19-5 Challenge to panel when several defendants tried together.
23A-19-6 Objection to challenge--Entry and trial.
23A-19-7 Trial of sufficiency of challenge--Trial of fact issues.
23A-19-8 Examination of officers on trial of challenge to panel.
23A-19-9 New jury on allowance of challenge to panel--Jury impaneled if challenge disallowed.
23A-19-10 Calling of jurors' names when case ready for trial--Attachment for absent jurors.
23A-19-11 Drawing of names of jurors.
23A-19-1. Panel defined.
A panel is a list of jurors drawn pursuant to chapter 16-13 to serve at a particular court or for the trial of a particular action.
Source: SDC 1939 & Supp 1960, § 34.3610; SDCL, § 23-43-9; SL 1978, ch 178, § 262.
23A-19-2. Challenge to panel defined.
A challenge to a panel is an objection made to all the trial jurors drawn, and may be taken by either party.
Source: SDC 1939 & Supp 1960, § 34.3610; SDCL, § 23-43-10; SL 1978, ch 178, § 263.
23A-19-3. Grounds for challenge to panel--Bias of officer summoning additional jurors.
A challenge to a panel may only be based on a material departure from the procedure prescribed by law for the drawing and return of the jury, or on the intentional omission of the board of jury selectors or sheriff to summon one or more of the jurors drawn. However, if the panel is composed of any persons who were summoned to serve as jurors pursuant to § 16-13-42, a challenge may be taken to the panel based upon the alleged bias of the officer who summoned them if such bias would be sufficient grounds for a challenge to an individual juror under § 23A-20-13.1. Such challenge must be determined in the same manner as if made to an individual juror for bias.
Source: SDC 1939 & Supp 1960, §§ 34.3611, 34.3612; SDCL, §§ 23-43-11, 23-43-14; SL 1978, ch 178, § 264; SL 2021, ch 86, § 4.
23A-19-4. Time for challenge to panel--Ground stated.
A challenge to a panel must be taken before a juror is sworn, and must be in writing, specifying plainly and distinctly the facts constituting the ground of challenge.
Source: SDC 1939 & Supp 1960, § 34.3611; SDCL, § 23-43-12; SL 1978, ch 178, § 265.
23A-19-5. Challenge to panel when several defendants tried together.
When several defendants are tried together, any individual defendant may challenge the panel, but if more than one defendant challenges the panel, the challenges must be tried together.
Source: SDC 1939 & Supp 1960, § 34.3611; SDCL, § 23-43-13; SL 1978, ch 178, § 266.
23A-19-6. Objection to challenge--Entry and trial.
An objection to a challenge need not be in writing, but must be entered upon the court minutes and thereupon the court must try the challenge.
Source: SDC 1939 & Supp 1960, § 34.3613; SDCL, § 23-43-15; SL 1978, ch 178, § 267.
23A-19-7. Trial of sufficiency of challenge--Trial of fact issues.
A court must first try the sufficiency of a challenge, assuming the facts alleged therein to be true. If the court determines that the facts alleged, if true, constitute sufficient grounds for challenge to the panel, the objecting party may then deny the facts alleged in the challenge. The denial may be oral and must be entered on the record. The court must then proceed to try the issue of fact.
Source: SDC 1939 & Supp 1960, § 34.3613; SDCL, §§ 23-43-15, 23-43-16; SL 1978, ch 178, § 268.
23A-19-8. Examination of officers on trial of challenge to panel.
Upon the trial of a challenge to the panel, the officers, whether judicial or ministerial, whose irregularity is complained of, as well as any other persons, may be examined to prove or disprove the facts alleged as the ground of the challenge.
Source: SDC 1939 & Supp 1960, § 34.3613; SDCL, § 23-43-18; SL 1978, ch 178, § 269.
23A-19-9. New jury on allowance of challenge to panel--Jury impaneled if challenge disallowed.
If a challenge to a panel is allowed, the judge shall order a jury to be drawn and summoned in the regular manner. If it is disallowed, the court must direct the jury to be impaneled.
Source: SDC 1939 & Supp 1960, § 34.3614; SDCL, § 23-43-19; SL 1978, ch 178, § 270.
23A-19-10. Calling of jurors' names when case ready for trial--Attachment for absent jurors.
When a case is called for trial, and before drawing the jury, either party may require the names of all the jurors in the panel to be called, and the court in its discretion may order that an attachment issue against those who are absent; but the court may, in its discretion, wait for the return of the attachment.
Source: SDC 1939 & Supp 1960, § 34.3604; SDCL, § 23-43-2; SL 1978, ch 178, § 271.
23A-19-11. Drawing of names of jurors.
At the opening of court the clerk shall randomly draw the names of the persons summoned as jurors by an electronic process or prepare separate ballots, containing the names of the persons summoned as jurors and deposit the ballots in a suitable container.
If an electronic process is not used, the clerk shall, under the direction of the court, publicly draw out of the container the appropriate number of ballots to form the jury. Before the name of any juror is drawn, the container shall be closed and the contents shall be intermingled. The clerk shall then, without looking at the ballots, draw them from the container.
Source: SDC 1939 & Supp 1960, §§ 34.3605, 34.3606; SDCL, §§ 23-43-5, 23-43-6; SL 1978, ch 178, § 272; SL 2003, ch 115, § 3.
