CHAPTER 2313: COMMISSIONERS OF JURORS

The judges of the courts of common pleas shall appoint two suitable persons, neither of whom shall be an attorney at law nor more than one of whom shall be of the same political party, to be commissioners of jurors for the county. The appointments shall be made in writing, by the judge or a majority of all the judges in those counties where there is more than one judge, and shall be filed in the office of the clerk of the court of common pleas of the county and entered upon the journal of the court. The commissioners shall hold office at the pleasure of the judges of the court of common pleas in the county of their appointment. The judges may at any time for good cause shown and by a vote of a majority of all their number, remove any commissioner and appoint a successor. Upon a vacancy occurring in the office of commissioners of jurors, for any cause, the said judges shall, as soon as practicable, in like manner appoint a successor. The successor so appointed shall be of the same political party as the commissioner whose place is to be filled.

The said commissioners shall be officers of the courts of record in such county and shall attend upon each term of such courts for which a jury is drawn.

Effective Date: 10-01-1953

The commissioners of jurors shall receive compensation fixed by the court of common pleas payable monthly out of the county treasury. They may appoint and remove, with the consent of said court, expressed in writing, as many deputy commissioners as are necessary to carry out sections 2313.01 to 2313.46, inclusive, of the Revised Code. The deputy commissioners shall receive compensation fixed and paid in like manner as that of the commissioners. Such compensation may at any time be changed by the said court. The commissioners may, with the consent of said court, expressed in writing, from time to time appoint such clerks and messengers as are necessary. The compensation of such clerks and messengers shall be fixed by the said court, and paid monthly by the county. All appointments made under this section shall be filed in the office of the clerk of the court of common pleas and entered on the journal of the court. All such appointments of deputies, clerks, and messengers shall be made on the basis of ascertained merit and fitness alone, in accordance with rules prescribed by the said court.

Effective Date: 10-01-1953

Before entering upon the duties of their office, the commissioners of jurors shall take and subscribe to the following oath of office, and file the same with the clerk of the court of common pleas:

“I do solemnly swear (or affirm) that I will honestly and faithfully discharge the duties of a commissioner of jurors without fear or favor; and that I will consent to the selection of no person as juror whom I have been solicited to name as juror or whom I believe to be unfit for that position, or likely to render a partial verdict in any cause in which he may be called as juror; and that I will report to the court the names of any and all persons who, in any manner, seek by request, hint, or suggestion to influence me in the selection of jurors; and this I do as I shall answer to God” (or, “and this I do under the pains and penalties of perjury”).

Effective Date: 10-01-1953

The commissioners of jurors may, in writing, authorize a deputy to attend in the place of a commissioner at the drawing of jurors for a particular term, and in case of the absence or disability of any commissioner, any judge of the court of common pleas may give such authority. The deputy may perform any other duty or class of duties which a commissioner may perform; except that the deputy shall not act in place of a commissioner in certifying or filing any list of jurors or depositing any ballots or in changing any list, unless authority to perform these duties for a limited time is expressly given to him by order of the court, or by written authority from the commissioners to perform them, approved by an order of the court. The commissioners, or any deputy, may administer an oath or affirmation in relation to any matter embraced in sections 2313.01 to 2313.46, inclusive, of the Revised Code.

Effective Date: 10-01-1953

The board of county commissioners shall provide a suitable office for the commissioners of jurors on the order of the court of common pleas, and shall make provision for supplying all such books, stationery, printing, automation data processing punch cards, magnetic tapes, magnetic discs, punched paper tapes, or other similar devices for use in an automated information retrieval system, and advertising as are required for the discharge of the duties imposed by sections 2313.01 to 2313.46, inclusive, of the Revised Code, in like manner as other public officers are supplied.

Effective Date: 11-25-1969

On or before the last day of December of each year, unless otherwise ordered by the court of common pleas, the board of elections for each county shall compile and file with the commissioners of jurors of the county a certified, current list containing the names, addresses, dates of birth, and social security numbers, if the numbers are available, of all the electors of the county shown on the registration lists for the most recent general election. On or before the last day of December of each year, unless otherwise ordered by the court of common pleas of any particular county, the registrar of motor vehicles shall compile and file with the commissioners of jurors of each county a certified, current list containing the names, addresses, dates of birth, duration of residence in this state, citizenship status, and social security numbers, if the numbers are available, of all residents of the particular county who have been issued, on or after January 1, 1984, a commercial driver’s license pursuant to Chapter 4506. or a driver’s license pursuant to Chapter 4507. of the Revised Code that is valid and current on the date of the compilation of the list, who are or will be eighteen years of age or older as of the day of the general election of the year the list is filed, and who, regardless of whether they actually are registered to vote, would be electors if they were registered to vote.

Effective Date: 08-22-1995

The commissioners of jurors shall not deposit in the jury wheel, in the automation data processing equipment, or other automated data processing information storage device, for service for the ensuing year the names of jurors who have served their legal terms as jurors within the next preceding jury year.

The jury wheel shall be constructed with an aperture large enough only to admit conveniently the hand of the person by whom the ballots are to be drawn, and the aperture shall be provided with a cover so arranged as to be securely sealed when closed. The jury wheel shall be cylindrical in form, and shall be provided with some apparatus by which the ballots can be thoroughly mixed without exposing them, and its form and construction shall be approved by the court of common pleas and may be changed with the approval of the court.

Except as provided in division (C) of this section, the automation data processing equipment, if used, shall consist of the following:

(A) A metal storage drawer for storage of the automation data processing punch card ballots. Such drawer shall be equipped with a doublenose key lock and must be securely sealed by the commissioners of jurors when closed. The keys shall be distributed to the commissioners of jurors. No commissioner of jurors shall possess more than one such key.

(B) Automation data processing equipment which will thoroughly intermix the data processing punch card ballots, without exposing them, when they are inserted into such equipment. In addition, such equipment must then be capable of accepting a designated key number and thereby selecting those ballots, according to the order they are ejected from the equipment, represented by such key number or the multiples thereof. The designation of such key number shall be made by the person or court designating the number of jurors to be drawn in accordance with sections 2313.19 and 2313.24 of the Revised Code. The form and construction of such automation data processing equipment shall be approved by the court of common pleas and may be changed with the approval of such court.

(C) If the court approves the use of automated data processing information storage device, information retrieval system, visual display apparatus, or other similar equipment described in or authorized by division (C) of section 2313.21 of the Revised Code, the process for the selection of names and compiling of lists shall conform as far as practicable to sections 2313.08 and 2313.21 of the Revised Code.

Effective Date: 11-25-1969

(A) The jury year in each county shall begin on the first Monday of August of each year, provided the court of common pleas may designate otherwise. A new and complete jury list shall be made up annually by the commissioners of jurors, and shall be certified by them and filed in their office before the beginning of each jury year. The names shall be entered in a suitable book or record, to be known as the “annual jury list,” shall be arranged alphabetically so far as practicable and under convenient divisions by precincts, districts, and townships, and shall be properly indexed. With each name shall be recorded the occupation, place of business, place of residence, duration of residence in this state, citizenship status, date of birth, and social security number of the person, as nearly as they can be ascertained. A duplicate of the list shall be certified by the commissioners and filed in the office of the clerk of the court of common pleas. The commissioners may, by order of the court, add to the list, or enter on a supplementary list, the names of persons who shall thereafter be discovered to be qualified to serve as jurors.

(B) In the selection of names for the annual jury list, the commissioners may select all names other than names of persons excused from service permanently pursuant to section 2313.16 of the Revised Code from the list of electors certified by the board of elections pursuant to section 2313.06 of the Revised Code or may select all names other than names of persons excused from service permanently pursuant to section 2313.16 of the Revised Code from the list of qualified driver licensees certified by the registrar of motor vehicles pursuant to section 2313.06 of the Revised Code and from the list of electors certified by the board of elections pursuant to section 2313.06 of the Revised Code. The commissioners may not select for the annual jury list names of persons who are excused from service permanently pursuant to section 2313.16 of the Revised Code.

In the selection of the names for the annual jury list, unless otherwise ordered by the court, the commissioners shall assign a consecutive number to each name, starting with one, and shall use a key number that shall be designated by the court. The commissioners shall select the name of each prospective juror, starting with the name that corresponds to a randomly selected number that may range from the number one to the key number, and proceeding accordingly in the numerical sequence of the key number so designated, until the required number of prospective jurors has been selected.

(C) Automation data processing procedures and visual display apparatus may be utilized in the selection of the names for the annual jury list, and in the actual compilation of the list.

Effective Date: 10-01-1984; 05-18-2005

The commissioners of jurors may by order of the court of common pleas, file in their office supplementary lists, certified by them as containing names of persons qualified to serve as jurors, which have been added to the annual jury list or other supplementary list on file in their office, and these names shall be prepared and deposited in the jury wheel, automation data processing storage drawer, or other automated data processing information storage device, as provided by sections 2313.01 to 2313.46, inclusive, of the Revised Code, and used for the residue of the jury year, provided such names are selected in the manner prescribed by such sections.

Effective Date: 11-25-1969

(A) The commissioners of jurors may serve personally or by mail on any person within the county, a notice requiring the person to attend before a commissioner at a specified time, not less than five days after service of the notice, for the purpose of testifying concerning the person’s own qualifications or liability, or those of any other person, to serve as a juror. A person so notified must attend and testify accordingly.

(B) No prospective juror shall fail to attend as specified in division (A) of this section.

Effective Date: 10-01-1953; 05-18-2005

(A) If a prospective juror fails to attend as specified in the notice referred to in section 2313.10 of the Revised Code or a prospective juror refuses to be sworn or to answer any legal and pertinent question put to the prospective juror by a commissioner of jurors, the commissioner shall report that fact to the court . One or more successive notices may be served upon the same person when the person fails to attend as required by the former notice . When a person has so attended twice for examination, the person cannot be required to attend again in the same jury year.

(B) No prospective juror shall fail to answer any legal and pertinent question put to the prospective juror by the court.

(C) The court shall inform a prospective juror that the prospective juror has the right to request an in-camera hearing, on the record and with an attorney present, regarding any legal and pertinent question put to the prospective juror by the court. The court is not required to hold an in-camera hearing under this division unless the information that is contained in the response to the question put to the prospective juror by the court is requested by any person, and the prospective juror requests that the information should not be released.

Effective Date: 10-01-1953; 05-18-2005

It is the policy of this state that all qualified citizens have an obligation to serve on petit juries when summoned by the courts of this state unless the citizen is excused as provided in sections 2313.01 to 2313.46 of the Revised Code. The granting of an excuse or postponement to a juror shall be permitted as prescribed by sections 2313.01 to 2313.46 of the Revised Code and the general statutes of the state. The commissioners of jurors, upon request, shall issue to a person who is granted an excuse or postponement a certificate of that fact, and the certificate shall excuse the person to whom it is granted from jury service during the time specified in the certificate or shall postpone the time for jury service of the person to whom it is granted to the time specified in the certificate. The commissioners shall keep a record of all proceedings before them or in their office, of all persons who are granted an excuse or postponement, and of the time of and reasons for the excuse or postponement.

Effective Date: 04-16-1998; 05-18-2005

(A) The court of common pleas of a county or the judge of the court of common pleas of a county, upon a request made at least two business days before the juror’s initial appearance by a juror who appears in person or contacts the appropriate court employee appointed by the court by telephone, in writing, or by electronic mail, shall postpone the juror’s initial appearance for jury duty if both of the following apply:

(1) The juror has not previously been granted a postponement.

(2) The juror and the appropriate court employee appointed by the court agree to a specified date on which the juror will appear for jury service. The specified date shall be one on which the court is in session and, unless extraordinary circumstances exist, that is not more than six months after the date for which the juror was originally called to serve. If extraordinary circumstances exist, the court may, at the court’s discretion, specify a date on which the juror will appear for jury service that is more than six months after the date for which the juror was originally called to serve.

(B) The court of common pleas of a county or the judge of the court of common pleas of a county may grant a second or subsequent postponement of jury service to a juror only in the event of an extreme emergency, such as a death in the juror’s family, a sudden illness of the juror, or a natural disaster or national emergency in which the juror is personally involved, that could not have been anticipated at the time the initial postponement was granted. Before receiving a second or subsequent postponement, the juror shall agree to a specified date on which the juror will appear for jury service. The specified date shall be one on which the court is in session and that is not more than six months after the date of the postponement.

Each juror whose time of service on jury duty is postponed until a specified date may be required to attend the opening of court on that day and on each day after that day until the juror is discharged, without additional summons from the court.

(C) The court of common pleas of a county, or a judge of the court of common pleas of a county, may excuse until a specified date one or more jurors summoned for jury duty whose attendance is not required for the trial of issues until that day. Each juror excused until a specified date may be required to attend the opening of court on that day and on each day after that day until the juror is discharged, without additional summons from the court.

(D) The court of common pleas of a county or a judge of the court of common pleas of a county may excuse a juror, after summoning the juror for jury duty, from service on jury duty at that term of court for not more than three days at a time, if the exigencies of the juror’s business require the juror’s temporary excuse.

Effective Date: 12-18-2002; 08-15-2005

If a juror fails to attend as provided by section 2313.13 of the Revised Code, after said postponed service, he is liable to the same punishment, and the same proceedings shall be taken as if he had failed to attend at the time fixed in the original notice for service given him. The clerk of the court of common pleas shall enter in a book kept for that purpose the name of each juror who is so excused or discharged or whose time of service is changed.

Effective Date: 10-01-1953

The commissioners of jurors shall report the names of all jurors granted a postponement or temporarily excused to a subsequent part of a term or to a subsequent term as provided in section 2313.13 of the Revised Code to the officers attending the drawing of the jurors for that term or part of a term, and each such name shall be placed upon the list of jurors drawn as provided by sections 2313.01 to 2313.46 of the Revised Code. Such juror shall be made one of the total number directed to be drawn for that term or part of a term, and no more names shall be drawn from the jury wheel, or drawn by use of the automation data processing equipment and procedures described in section 2313.07 of the Revised Code, than are sufficient to make up the number ordered by adding the names of the jurors so excused to the names then drawn.

Effective Date: 08-06-1976; 05-18-2005

(A) Except as provided by section 2313.13 of the Revised Code, the court of common pleas shall not excuse a person who is liable to serve as a juror and who is drawn and notified, unless it is shown to the satisfaction of the judge by either the juror or another person acquainted with the facts that one or more of the following applies:

(1) The interests of the public will be materially injured by the juror’s attendance.

(2) The juror’s spouse or a near relative of the juror or the juror’s spouse has recently died or is dangerously ill.

(3) The juror is a cloistered member of a religious organization.

(4) The prospective juror has a mental or physical condition that causes the prospective juror to be incapable of performing jury service. The prospective juror, or the prospective juror’s personal representative, must provide the court with documentation from a physician licensed to practice medicine verifying that a mental or physical condition renders the prospective juror unfit for jury service for a period of up to twenty-four months.

(5) Jury service would otherwise cause undue or extreme physical or financial hardship to the prospective juror or a person under the care or supervision of the prospective juror. A judge of the court for which the prospective juror was called to jury service shall make undue or extreme physical or financial hardship determinations. The judge may delegate the authority to make these determinations to an appropriate court employee appointed by the court.

(6) The juror is over seventy-five years of age, and the juror requests to be excused.

(7) The prospective juror is an active member of a recognized amish sect and requests to be excused because of the prospective juror’s sincere belief that as a result of that membership the prospective juror cannot pass judgment in a judicial matter.

(B)(1) A prospective juror who requests to be excused from jury service under this section shall take all actions necessary to obtain a ruling on that request by not later than the date on which the prospective juror is scheduled to appear for jury duty.

(2) A prospective juror who requests to be excused as provided in division (A)(6) of this section shall inform the appropriate court employee appointed by the court of the prospective juror’s request to be so excused by not later than the date on which the prospective juror is scheduled to appear for jury duty. The prospective juror shall inform that court employee of the request to be so excused by appearing in person before the employee or contacting the employee by telephone, in writing, or by electronic mail.

(C)(1) For purposes of this section, undue or extreme physical or financial hardship is limited to circumstances in which any of the following apply:

(a) The prospective juror would be required to abandon a person under the prospective juror’s personal care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury.

(b) The prospective juror would incur costs that would have a substantial adverse impact on the payment of the prospective juror’s necessary daily living expenses or on those for whom the prospective juror provides the principal means of support.

(c) The prospective juror would suffer physical hardship that would result in illness or disease.

(2) Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from the prospective juror’s place of employment.

(D) A prospective juror who asks a judge to grant an excuse based on undue or extreme physical or financial hardship shall provide the judge with documentation that the judge finds to clearly support the request to be excused. If a prospective juror fails to provide satisfactory documentation, the court may deny the request to be excused.

(E) When a prospective juror who is liable to serve is excused in a case specified in this section, the prospective juror can be excused only by the judge presiding in the case or a representative of the judge. An excuse, including whether or not it is a permanent excuse, approved pursuant to this section shall not extend beyond that term. Every approved excuse shall be recorded and filed with the commissioners of jurors. After twenty-four months, a person excused from jury service shall become eligible once again for qualification as a juror unless the person was excused from service permanently. A person is excused from jury service permanently only when the deciding judge determines that the underlying grounds for being excused are of a permanent nature.

Effective Date: 04-16-1998; 05-18-2005

Effective Date: 10-09-1981

(A) No employer shall discharge , threaten to discharge, or take any disciplinary action that could lead to the discharge of any permanent employee who is summoned to serve as a juror pursuant to Chapter 2313. of the Revised Code if the employee gives reasonable notice to the employer of the summons prior to the commencement of the employee’s service as a juror and if the employee is absent from employment because of the actual jury service.

(B) No employer shall require or request an employee to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or for time spent actually serving on a jury. Nothing in this division requires an employer to provide annual, vacation, or sick leave to employees under the provisions of this section who otherwise are not entitled to those benefits under the employer’s policies.

(C) A court shall automatically postpone and reschedule the service of a summoned juror of an employer with twenty-five or fewer full-time employees, or their equivalent, if another employee of that employer has previously been summoned to appear during the same term or part of a term of that court for which that juror has been summoned and if that employer or employee demonstrates to the sufficiency of the court that the other employee has been so summoned. A postponement under this division does not constitute the excused individual’s right to one automatic postponement pursuant to section 2313.13 of the Revised Code.

(D) Whoever violates this section shall be punished as for a contempt of court pursuant to Chapter 2705. of the Revised Code.

Effective Date: 10-09-1981; 05-18-2005

The number of jurors to be drawn for each term, and each separate part of a term, or for any special term of a court of record, at which issues of facts are triable by jury, shall be fixed by a general order of the court, for which such jurors are drawn. If it is not so fixed, then the same shall be fixed by a written order made by the judge appointed to hold the same, or in case of his absence or inability to act, by another judge of the court. The order shall be filed in the office of the clerk of the court for which the jurors are to be drawn. If the number has not been fixed at the time of the drawing, the commissioners of jurors shall draw such a number from the jury wheel, or by use of the automation data processing equipment and procedures described in section 2313.07 of the Revised Code, as they deem necessary for the business of the court for such term, or for such part of a term, if the term consists of two or more separate parts.

Effective Date: 11-25-1969

At least six days before the drawing of jurors under section 2313.23 of the Revised Code, the commissioners of jurors shall publish notice of the drawing, in at least one newspaper of general circulation in the county. They shall also serve written notice upon the clerk of the court of common pleas, the sheriff, and at least one judge of the court of common pleas of the county. If all of the persons, or their designated representatives, required do not attend the drawing, the commissioners shall adjourn the drawing to another day. Thereupon the commissioners shall forthwith serve written notice upon the absent officers to attend upon the adjourned day, and the officer failing to attend upon the adjourned day himself or by his deputy or other designated representative shall forfeit one hundred dollars to the state, and the prosecuting attorney shall collect the amount by civil action.

In case of the absence of the clerk or his deputy or other designated representative upon the adjourned day, the probate judge or his designated representative shall attend the drawing in his stead, and in case of the absence of the sheriff, or his deputy or other designated representative, the prosecuting attorney, or one of his assistants or other designated representative shall attend the drawing in his stead.

Effective Date: 10-09-1981

The drawing of jurors under section 2313.23 of the Revised Code shall be conducted as follows:

(A) If the jury wheel is utilized the following procedure shall be followed:

(1) One of the commissioners of jurors or his designated representative shall thoroughly mix the ballots in the jury wheel without exposing them.

(2) The commissioner or his designated representative shall then, without seeing the name on the ballot, publicly draw out of the jury wheel one ballot and continue to draw in like manner one ballot at a time, until the required number has been drawn. Whenever a ballot containing a name that has been stricken from the jury list is drawn, it shall be destroyed immediately, and another drawn in its place.

(3) The clerk of the court of common pleas or his designated representative shall enter on a venire the name and place of residence contained on each ballot drawn, before another ballot is drawn, unless the name contained on such ballot has been stricken from the jury list.

(4) After drawing the requisite number, the venires, containing the names and the respective places of residence of the persons drawn, and specifying for what court and for what term or part of a term they were drawn, shall be signed by the clerk or his deputy or other designated representative and all the attending officers or their designated representatives, and delivered to the sheriff for service. The officers or their designated representatives shall also certify that sections 2313.01 to 2313.46 of the Revised Code, have been complied with.

(5) When the drawing is finished, the jury wheel shall be closed and sealed in the presence of the officers or their designated representatives. All ballots so drawn out of the jury wheel and not required to be returned to it, shall be delivered to the clerk for use during the term of court.

(6) If the term consists of two or more separate parts, the jurors for the whole term or for the next succeeding part may be drawn, and in the case of a term consisting of two or more separate parts, venires shall be issued, and the subsequent proceedings shall be the same as if a part of a term were a distinct term, but such jurors upon an order made by any of the judges holding one of such parts and approved by the judge holding another part of the same jury year shall be interchangeable within such parts, and shall serve within such parts for such length of time, not exceeding each juror’s legal term, as such order designates.

(B) If the automated data processing equipment described in divisions (A) and (B) of section 2313.07 of the Revised Code is utilized the following procedure shall be followed:

(1) The commissioners of jurors or their designated representative shall remove the automated data processing punch card ballots from the automated data processing storage drawer described in division (A) of section 2313.07 of the Revised Code.

(2) The ballots shall be inserted by one of the commissioners of jurors or his designated representative into the automated data processing equipment described in division (B) of section 2313.07 of the Revised Code. This equipment shall then intermix such ballots without exposing them.

(3) The key number provided in section 2313.07 of the Revised Code shall then be entered into the automated data processing equipment. Such equipment shall then be operated so as to utilize the key number to select those ballots, according to the order they are ejected from the equipment, represented by such key number or the multiples thereof, until the required number of ballots has been drawn in such manner. Whenever a ballot containing a name that has been stricken from the jury list is drawn, it shall be destroyed immediately, and the operation of the equipment shall be continued so that another is drawn in its place.

(4) The clerk of the court of common pleas or his designated representative shall enter on a venire the name and place of residence contained on each ballot drawn, unless the name contained on such ballot has been stricken from the jury list.

(5) After drawing the requisite number, the venires, containing the names and the respective places of residence of the persons drawn, and specifying for what court and for what term or part of a term they were drawn, shall be signed by the clerk or his deputy or other designated representative and all the attending officers or their designated representatives, and delivered to the sheriff for service. The officers or their designated representatives shall also certify that sections 2313.01 to 2313.46 of the Revised Code, have been complied with.

(6) When the drawing is finished, the ballots not drawn shall be returned by the commissioners of jurors or their designated representatives to the automated data processing storage drawer. Such drawer shall be closed and sealed in the presence of the officers. All ballots so drawn and not required to be returned to the storage drawer shall be delivered to the clerk for use during the term of court.

(7) If the term consists of two or more separate parts, the jurors for the whole term or for the next succeeding part may be drawn, and in the case of a term consisting of two or more separate parts, venires shall be issued, and the subsequent proceedings shall be the same as if a part of a term were a distinct term, but such jurors upon an order made by any of the judges holding one of such parts and approved by the judge holding another part of the same jury year shall be interchangeable within such parts, and shall serve within such parts for such length of time, not exceeding each juror’s legal term, as such order designates.

(C) If the court approves the use of magnetic tapes, magnetic discs, punched paper tapes, or other similar devices, and the use of an automated information retrieval system and visual display apparatus, such devices and procedures shall include provision for the random selection of names of prospective jurors, return of names of persons selected but not used as jurors, public viewing by designated officers or their representatives of the selection process, printing of venires containing the names and respective residences of the persons drawn and specifying for what court and for what term they were drawn, safeguards against unlawful tampering with the encoding device and information storage device or devices, or unlawful activation of the automated information retrieval system. No procedure using automated data processing shall be used for the selection of jurors unless such procedure has been adopted by rule of the court.

Effective Date: 08-26-1977

The jury wheel or automation data processing storage drawer shall not be opened, and the seal shall not be broken or the lock removed, until drawing except in pursuance of law. An automated information retrieval system shall not be activated except in pursuance of procedures adopted by rule of the court.

Effective Date: 11-25-1969

All drawings of jurors shall be public on a day designated by the commissioners of jurors, not less than fourteen or more than twenty-eight days before the day appointed for holding a term or part of a term of a court of record, at which issues of fact are triable by jury. A commissioner or his designated representative, the sheriff of the county, in person, or by his deputy or other designated representative, a judge of the court of common pleas or his designated representative, and the clerk of the court of common pleas, or his deputy or other designated representative, shall attend at the office of the commissioners to witness and assist in the drawing of jurors for the term.

Effective Date: 08-26-1977

(A) The court of common pleas of a county, or a judge of the court of common pleas of a county, shall specify by written order the number of jurors to be drawn for each term of that court, or part of a term of that court when the term is divided into parts, to comply with sections 2313.01 to 2313.46 of the Revised Code.

(B) A portion of the number of jurors ordered to be drawn pursuant to division (A) of this section shall be drawn and summoned for duty during the first three consecutive calendar weeks of the term or part of a term. The same number of jurors shall be drawn and summoned for duty during the next three consecutive calendar weeks. Jurors shall be drawn and summoned for each succeeding three weeks of the term of court.

(C) Divisions (A) and (B) of this section shall not apply to counties with a population of less than two hundred fifty thousand. If divisions (A) and (B) of this section do not apply to a county, the court of common pleas of that county or a judge of the court of common pleas of that county shall make rules that apply to that county for the drawing and summons of jurors.

(D) The commissioners of jurors may send to a juror whose name is drawn, a printed notice informing the juror that the juror has been drawn for jury duty and will be summoned by the sheriff. The notice may contain copies of the portions of sections 2313.01 to 2313.46 of the Revised Code that the commissioners consider advisable.

Effective Date: 12-18-2002

(A) The clerk of the court of common pleas shall deliver to the sheriff venires containing the names and addresses of the jurors drawn and specifying when the jurors shall appear. The sheriff shall notify each juror named in the venires to attend, in person or electronically, as specified in division (B) of this section, the term or part of a term for which the juror was drawn, by serving upon the juror at least six days before the commencement of the term or part of a term a notice addressed to the juror stating that the juror has been drawn as a juror for, and is required to attend, in person or electronically, as specified in division (B) of this section, the term or part of a term specified in the notice. The sheriff shall serve the notice personally, by mail, or by leaving it at the juror’s residence or at the juror’s usual place of business. Before the commencement of a term or part of a term, the sheriff shall return the venires for that term or part of a term, with the sheriff’s services thereon, and the return and service shall be presumptive evidence of the fact of such service.

(B) If pursuant to section 2313.251 of the Revised Code, the commissioners of jurors establish a procedure for the electronic notification of a person who has been drawn as a juror, the notice addressed to the juror and served pursuant to division (A) of this section shall specify the procedure for electronically notifying the juror.

Effective Date: 10-01-1953; 05-18-2005

The commissioners of jurors may establish an electronic notification system to allow a person who has been drawn as a juror to be notified electronically that the juror shall attend in person the term or part of the term specified in the notice. The types of electronic notification include, but are not limited to, cellular telephone, pager, or other forms of telecommunication. If the commissioners of jurors establish an electronic notification system, the commissioners shall establish a procedure for implementing the system, a procedure for the juror to select the method of electronic notification that is applicable to the juror, and a procedure for the juror to opt in or opt out of the electronic notification system, whichever is applicable.

Effective Date: 05-18-2005

At any time, during the term of a court of record, the court may order an additional number of jurors to be drawn by the commissioners of jurors for the term, or for part of a term, at which the order is made, or for immediate service in a particular case. The order shall specify the number to be drawn, and the time of drawing. The drawing may be made either in open court, under the direction of the judge, or in the ordinary manner prescribed in sections 2313.01 to 2313.46, inclusive, of the Revised Code, except that notice of the drawing is not required to be given, provided that the required officers are present. The sheriff shall forthwith notify the jurors so drawn, in the same manner as other jurors are notified, to attend the term, or part of a term, in person or electronically, as specified in section 2313.25 of the Revised Code, at the time specified in the order, and make due and proper return of the venires with the sheriff’s service thereon. Such return shall be presumptive evidence of the fact of such service.

Sections 2313.24 and 2313.25 of the Revised Code apply to the notification of jurors drawn under this section.

Effective Date: 10-01-1953; 05-18-2005

Effective Date: 07-01-1996

No person whose name is drawn and who is notified to attend a term or part of a term of a court of record as a juror shall fail to attend at the time specified in the notice, or from day to day.

A fine imposed for the violation of this section under division (A) of section 2313.99 of the Revised Code may be wholly or partly remitted by direction of the judge in open court, before the end of the same term, and upon good cause shown; otherwise it shall not be remitted. Each remission so made by the judge, with the reason for the remission, shall be entered on the journal of the court. This section applies to an additional grand juror or a special juror, as well as to the regular petit juror.

Effective Date: 07-01-1996

No person whose name is drawn and who is notified shall fail to attend and serve as a juror at a term of a court of record, without having been excused.

Effective Date: 10-01-1953; 05-18-2005

Effective Date: 07-01-1996

All ballots containing the names of jurors, at the close of the term of service of the jurors, shall be returned by the clerk of the court of common pleas to the commissioners of jurors. The commissioners shall forthwith destroy the ballots after making and filing a memorandum thereof, unless the preservation thereof is required in some proceeding then pending or to be brought, in which case the ballots shall be preserved, and only destroyed when no longer needed, or if otherwise ordered by the court.

Effective Date: 10-01-1953

No officer mentioned in sections 2313.01 to 2313.46, inclusive, of the Revised Code, shall receive any payment or fees for any service required by such sections, except as specified in such sections. Any fee for the service of any paper required by the commissioners of jurors shall be a charge against the county, and shall be audited and paid in like manner as other charges are now paid. The commissioners may call upon the sheriff of the county to serve any paper required to be served. The sheriff shall perform such duty and tax fees therefor as provided for other similar service.

Effective Date: 10-01-1953

(A) A person who is summoned as a juror and who has actually served as a juror in any county of the state under sections 2313.01 to 2313.46 of the Revised Code for two consecutive calendar weeks shall be discharged by the court, except that the person shall not be so discharged until the close of a trial in which the person may be serving when the person’s jury term expires.

(B)(1) The board of county commissioners by resolution shall fix the compensation of each juror payable out of the county treasury.

(2) After ten days of actual service, except as otherwise authorized by division (B)(2) of this section, the compensation of a juror shall be fixed for each additional day of actual service at an amount equal to the greater of fifteen dollars or one and one-half times the compensation fixed pursuant to division (B)(1) of this section. The board of county commissioners by resolution may set the compensation at a greater amount that shall not exceed two times the compensation fixed pursuant to division (B)(1) of this section.

(3) Residents of townships that are comprised entirely of islands shall be reimbursed for the additional transportation costs they incur to serve as a juror, in the amount certified to be due by a judge of the court in which the jury service is performed.

(C) A person who is discharged as prescribed in this section is thereafter prohibited from jury service in any court of the state until the second jury year after the day of the person’s last service, except in counties of less than one hundred thousand population, in which cases the court shall make rules in the county applicable to subsequent jury service by persons of that nature.

(D) Whenever the certificates of the clerk of the court of common pleas show that a person is entitled to a discharge as prescribed in this section, the commissioners of jurors, upon request, shall certify to that fact. No person shall be exempted from jury service for any reason, but a person may be excused from jury service or have the person’s jury service postponed in accordance with sections 2313.01 to 2313.46 of the Revised Code and the general statutes of the state.

(E) No person shall be exempted or excused from jury service or be granted a postponement of jury service by reason of any financial contribution to any public or private organization.

Effective Date: 04-16-1998; 05-18-2005

When the annual jury list has been prepared and filed as prescribed in section 2313.08 of the Revised Code, the ballots for jurors remaining in the jury wheel or in the automation data processing storage drawer may be destroyed by the commissioners of jurors, on the order of the judges of such county.

The ballots shall be either uniform slips of paper or automation data processing punch cards, and the name of each person on the jury list who is qualified and liable for jury duty, with his residence, shall be included on an individual ballot. The ballots so prepared shall be deposited by the commissioners in the jury wheel kept by the commissioners for that purpose, or in the automation data processing storage drawer if the automation data processing equipment described in division (A) and (B) of section 2313.07 of the Revised Code is utilized, and they shall place their seal or lock upon the same.

When other automated data processing equipment and procedures are utilized, the method for disposing of names of persons considered for but not entered upon the annual jury list shall be specified by the court.

Effective Date: 11-25-1969

A person serving as a juror elsewhere than in a court of record shall be excused from jury duty in a court of record only during the time of his actual service elsewhere.

Effective Date: 10-01-1953

In the trial in the court of common pleas of any civil case, when it appears to the judge presiding that the trial is likely to be protracted, upon direction of the judge after the jury has been impaneled and sworn, an additional or alternate juror shall be selected in the same manner as the regular jurors in the case were selected, but each party is entitled to two peremptory challenges as to the alternate juror.

(B) In all criminal cases, the selection of alternate jurors shall be made pursuant to Criminal Rule 24.

(C) The additional or alternate jurors selected shall be sworn and seated near the regular jurors, with equal opportunity for seeing and hearing the proceedings and shall attend at all times upon the trial with the regular jurors and shall obey all orders and admonitions of the court to the jury, and when the regular jurors are ordered kept together in a criminal case, the alternate jurors shall be kept with them. The additional or alternate jurors shall be liable as regular jurors for failure to attend the trial or to obey any order or admonition of the court to the jury, shall receive the same compensation as other jurors, and except as provided in this section shall be discharged upon the final submission of the case to the jury.

(D) If before the final submission of the case to the jury, which in capital cases includes any hearing required under division (D) of section 2929.03 of the Revised Code, a regular juror becomes unable to perform his duties, incapacitated, or disqualified, he may be discharged by the judge, in which case, or if a regular juror dies, upon the order of the judge, an additional or alternate juror, in the order in which called, shall become one of the jury and serve in all respects as though selected as an original juror.

Effective Date: 10-19-1981

When, by reason of challenge or other cause, enough jurors to make up the panel, either of the grand or petit jury, are not present, or if the array is set aside, the sheriff shall summon talesmen until the deficiency is made up. If the number for a grand jury is insufficient, the court may issue a special venire to the sheriff commanding him to summon the persons named therein to attend forthwith as grand jurors.

Effective Date: 10-01-1953

When it is necessary to summon talesmen, the court, on the motion of either party, shall select them, and immediately issue a venire for as many persons having the qualifications of a juror as, in the opinion of the court, are necessary, which persons shall appear forthwith, or at such times as fixed by the court. No person known to be in or about the courthouse shall be selected without the consent of both parties.

Effective Date: 10-01-1953

When the sheriff is interested in a cause in any court of record, the party in interest opposed to that of the sheriff may apply to the court for a special venire, which, upon such application, the court shall issue to the coroner of the county, commanding him to summon a jury, having the qualifications prescribed in sections 2313.01 to 2313.46, inclusive, of the Revised Code, to try such cause. When both the sheriff and coroner are so interested, or in the case of the death, resignation, or absence from the county of both the sheriff and coroner, then the process may be directed to such discreet, disinterested person as the court names, and the service and return of such person shall be valid to all intents and purposes.

Effective Date: 10-01-1953

A challenge to the array may be made and the whole array set aside by the court when the jury, grand or petit, was not selected, drawn, or summoned, or when the officer who executed the venire did not proceed as prescribed by law. No challenge to the array shall be made or the whole array set aside by the court, by reason of the misnomer of a juror; but on challenge, a juror may be set aside by reason of a misnomer in his name; but such challenge shall only be made before the jury is impaneled and sworn, and no indictment shall be quashed or verdict set aside for any such irregularity or misnomer if the jurors who formed the same possessed the requisite qualifications to act as jurors.

Effective Date: 10-01-1953

Any person called as a juror for the trial of any cause shall be examined under oath or upon affirmation as to his qualifications. A person is qualified to serve as a juror if he is an elector of the county and has been certified by the board of elections pursuant to section 2313.06 of the Revised Code. A person also is qualified to serve as a juror if he is eighteen years of age or older, is a resident of the county, would be an elector if he were registered to vote, regardless of whether he actually is registered to vote, and has been certified by the registrar of motor vehicles pursuant to section 2313.06 of the Revised Code or otherwise as having a valid and current driver’s or commercial driver’s license.

The following are good causes for challenge to any person called as a juror:

(A) That he has been convicted of a crime which by law renders him disqualified to serve on a jury;

(B) That he has an interest in the cause;

(C) That he has an action pending between him and either party;

(D) That he formerly was a juror in the same cause;

(E) That he is the employer, the employee, or the spouse, parent, son, or daughter of the employer or employee, counselor, agent, steward, or attorney of either party;

(F) That he is subpoenaed in good faith as a witness in the cause;

(G) That he is akin by consanguinity or affinity within the fourth degree, to either party, or to the attorney of either party;

(H) That he or his spouse, parent, son, or daughter is a party to another action then pending in any court in which an attorney in the cause then on trial is an attorney, either for or against him;

(I) That he, not being a regular juror of the term, has already served as a talesman in the trial of any cause, in any court of record in the county within the preceding twelve months;

(J) That he discloses by his answers that he cannot be a fair and impartial juror or will not follow the law as given to him by the court.

Each challenge listed in this section shall be considered as a principal challenge, and its validity tried by the court.

Effective Date: 07-01-1989

In addition to the causes listed under section 2313.42 of the Revised Code, any petit juror may be challenged on suspicion of prejudice against or partiality for either party, or for want of a competent knowledge of the English language, or other cause that may render him at the time an unsuitable juror. The validity of such challenge shall be determined by the court and be sustained if the court has any doubt as to the juror’s being entirely unbiased.

Effective Date: 10-01-1953

Effective Date: 07-01-1971

Any fine assessed for a contempt against a person summoned or who has qualified as a juror may be collected by execution and shall be paid into the county treasury and disbursed as other fines.

Effective Date: 10-01-1953

Sections 2313.01 to 2313.46 and Chapter 2315. of the Revised Code do not contravene or affect any section of the Revised Code relating to jurors in the inferior courts in any county of the state.

Effective Date: 07-06-2001

No officer or other person charged with a duty in selecting or summoning jurors shall exclude or fail to summon a citizen as a grand or petit juror on account of his race or color, provided such citizen possesses all other qualifications required by law for jurors.

Effective Date: 10-01-1953

(A) Whoever violates section 2313.10, 2313.11, 2313.29, or 2313.30 of the Revised Code may be fined not less than one hundred nor more than two hundred fifty dollars and may be punished as for contempt of court.

(B) Whoever violates section 2313.47 of the Revised Code shall be fined not less than fifty nor more than five hundred dollars, imprisoned not less than thirty nor more than ninety days, or both.

Effective Date: 07-01-1996; 05-18-2005