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Rule 2.18 – Juries

May 13, 2021 | Criminal Procedure, Iowa

2. 18(1)Selection. At each jury trial the clerk shall select a number of prospective jurors equal to twelve plus the prescribed number of strikes, by drawing ballots from a box without seeing the names. The clerk shall list all jurors so drawn. Computer selection processes may be used instead of separate ballots to select jury panels. Before drawing begins, either party may require that the names of all jurors be called, and have an attachment for those absent who are not engaged in other trials; but the court may wait for its return or not, in its discretion.
2. 18(2)Depletion of panel. If for any reason the regular panel is exhausted without a jury being selected, it shall be completed in the manner provided in the statutes pertaining to selecting, drawing, and summoning juries.
2. 18(3)Challenges to the panel. Before any juror is sworn for examination, either party may challenge the panel, in writing, distinctly specifying the grounds, which can be founded only on a material departure from the statutory requirements for drawing or returning the jury. On trial thereof, any officer, judicial or ministerial, whose irregularity is complained of, and any other persons, may be examined concerning the facts specified. If the court sustains the challenge it shall discharge the jury, no member of which can serve at the trial.
2. 18(4)Challenges to individual juror. A challenge to an individual juror for cause is an objection which may be taken orally.
2. 18(5)Challenges for cause. A challenge for cause may be made by the state or defendant, and must distinctly specify the facts constituting the causes thereof. It may be made for any of the following causes:

a. A previous conviction of the juror of a felony.
b. A want of any of the qualifications prescribed by statute to render a person a competent juror.
c. Unsoundness of mind, or such defects in the faculties of the mind or the organs of the body as render the juror incapable of performing the duties of a juror.
d. Affinity or consanguinity, within the fourth degree, to the person alleged to be injured by the offense charged, or on whose complaint, or at whose instance, the prosecution was instituted, or to the defendant, to be computed according to the rule of the civil law.
e. Standing in the relation of guardian and ward, attorney and client, employer and employee, or landlord and tenant, or being a member of the family of the defendant, or of the person alleged to be injured by the offense charged, or on whose complaint, or at whose instance, the prosecution was instituted, or in the person’s employ on wages.
f. Being a party adverse to the defendant in a civil action, or having been the prosecutor against or accused by the defendant in a criminal prosecution.
g. Having served on the grand jury which found the indictment.
h. Having served on a trial jury which has tried another defendant for the offense charged in the indictment.
i. Having been on a jury formerly sworn to try the same indictment and whose verdict was set aside, or which was discharged without a verdict after the cause was submitted to it.
j. Having served as a juror, in a civil action brought against the defendant, for the act charged as an offense.
k. Having formed or expressed such an opinion as to the guilt or innocence of the defendant as would prevent the juror from rendering a true verdict upon the evidence submitted on the trial.
l. Because of the juror providing bail for any defendant in the indictment.
m. Because the juror is a defendant in a similar indictment, or complainant against the defendant or any other person indicted for a similar offense.
n. Because the juror is, or within a year preceding has been, engaged or interested in carrying on any business, calling, or employment, the carrying on of which is a violation of law, where the defendant is indicted for a like offense.
o. Because the juror has been a witness, either for or against the defendant, on the preliminary hearing or before the grand jury.
p. Having requested, directly or indirectly, that the juror’s name be returned as a juror for the regular biennial period.
2. 18(6)Examination of jurors. Upon examination the jurors shall be sworn. If an individual juror is challenged, the juror may be examined as a witness to prove or disprove the challenge, and must answer every question pertinent to the inquiry thereon, but the juror’s answer shall not afterwards be testimony against the juror. Other witnesses may also be examined on either side. The rules of evidence applicable to the trial of other issues shall govern the admission or exclusion of testimony on the trial of the challenge, and the court shall determine the law and the facts, and must allow or disallow the challenge.
2. 18(7)Order of challenges for cause. The state shall first complete its challenges for cause, and the defendant afterward, until a number of jurors equal to twelve plus the prescribed number of strikes has been obtained against whom no cause of challenge has been found to exist.
2. 18(8)Vacancy filled. After each challenge for cause which is sustained, another juror shall be called and examined before a further challenge is made; and any new juror thus called may be challenged for cause and shall be subject to being struck from the list as other jurors.
2. 18(9)Strikes-number. If the offense charged is a class “A” felony, the state and defendant shall each strike ten prospective jurors.

If the offense charged is a felony other than a class “A” felony, the state and the defendant shall each strike six prospective jurors.

If the offense charged is a misdemeanor, the state and the defendant shall each strike four prospective jurors.

2. 18(10)Multiple charges. If the indictment charges different offenses in different counts, the state and the defendant shall each have that number of strikes which they each would have if the highest grade of offense charged in the indictment were the only charge.
2. 18(11)Multiple defendants. In a case where two or more defendants are tried, each defendant shall have one-half the number of strikes allowed in rule 2.18(9). The state shall have the number of strikes equal to the total number of strikes allotted to all defendants. Subject to the court’s approval, the parties may agree to a reduced number of strikes.
2. 18(12)Clerk to prepare list-procedure. The clerk shall prepare a list of jurors called; and, after all challenges for cause are exhausted or waived, each side, commencing with the state, shall alternately exercise its strikes by indicating the strike upon the list opposite the name of the juror.
2. 18(13)Reading of names. After all challenges have thus been exercised or waived and the required number of jurors has been struck from the list the clerk shall read the names of the twelve jurors remaining who shall constitute the jury selected.
2. 18(14)Jurors sworn. When twelve jurors are accepted they shall be sworn to try the issues.
2. 18(15)Selecting alternate jurors. The court may require selection of one or more alternate jurors whose qualifications, powers, functions, facilities, and privileges will be the same as principal jurors.

a. Prior to commencing jury selection, the court must determine on the record, with input of counsel, how many alternate jurors will be selected, the method used to identify the alternate jurors, and whether the identity of the alternate jurors should be revealed prior to commencement of trial or delayed until commencement of jury deliberations. The clerk will call for examination the number of prospective jurors equal to the sum of the following:

(1) The number of prospective jurors to be selected pursuant to rule 2.18(1).
(2) The number of additional prospective jurors necessary to allow for the number of alternates to be selected and one additional strike for each party. For example, in the case of a single defendant, if one alternate is to be selected, three additional prospective jurors will be called to allow for one additional strike for each party; if two alternates are to be selected, four additional prospective jurors will be called; if three alternates are to be selected, five additional prospective jurors will be called; and so on.
b. Jury examination will proceed contemporaneously for both principal and alternate jurors. After the parties have passed the panel for cause and exercised all strikes, both principal and alternate jurors will be sworn to hear the case and sit at the trial. The identity of the alternate jurors will be revealed either when the jury is sworn to hear the case or before the jury retires to deliberate.
c. If a jury is being selected for trial of an action outside of the county pursuant to rule 2.11(10)(d), the court will require selection of two alternate jurors to be sworn with the principal jurors to try the case and sit at the trial. The alternate jurors will be used or discharged in accordance with rule 2.11(15). The court may require selection of more than two alternate jurors.
2. 18(16)Returning ballots to box. When a jury is sworn, the ballots containing the names of those absent or excused from the trial shall be immediately returned to the box. Those containing the names of jurors sworn shall be set aside, and returned to the box immediately on the discharge of that jury.

Iowa. R. Crim. P. 2.18

66GA, ch 1245(2), § 1301; 67GA, ch 153, § 45 to 49; Report 1978, effective July 1, 1979; amendment 1980; amendment 1982; 82 Acts, ch 1021, § 4, effective July 1, 1983; amendment 1983; 1986 Iowa Acts, ch 1108, § 56; November 9, 2001, effective February 15, 2002; 2.18(15) amended effective temporarily June 30, 2016 and permanently August 30, 2016.