Rule RCr 9.33 – Jurors from adjoining counties

May 13, 2021 | Criminal Procedure, Kentucky

If the judge of the court is satisfied after having made a fair effort, in good faith, for that purpose, that, from any cause, it will be impracticable to obtain a jury free of bias in the county wherein the prosecution is pending, the judge shall be authorized to order the sheriff to summon a sufficient number of qualified jurors from some adjoining county in which the judge shall believe there is the greatest probability of obtaining impartial jurors. When so ordered the sheriff shall go to the circuit judge of such adjoining county, if such judge is in the county at the time, and request the judge to draw from the jury drum a list of names sufficient in number to equal the number ordered summoned; and to record the names upon paper, certify and sign it. Whereupon the said sheriff shall summon the number ordered to be summoned from such list. If the circuit judge is not in the county at the time, then the sheriff shall select such jurors from the panels which served, and whose names appeared of record, as jurors at the previous regular term of court in such adjoining county. If the jurors who served at the preceding term are not sufficient in number to meet the number ordered summoned then the sheriff shall select the remainder from the list which served at the next to the last preceding term. From the persons so summoned the jury may be formed.

Ky. R. Crim. P. RCr 9.33

Amended by Order 98-3, eff. 3-1-99; adopted eff. 1-1-63