Jurors; disclosing names; when permissible; penalty; access to juror qualification forms.

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25-1673. Jurors; disclosing names; when permissible; penalty; access to juror qualification forms.

(1) It shall be unlawful for a jury commissioner, any clerk or deputy thereof, or any person who may obtain access to any record showing the names of persons drawn to serve as grand or petit jurors to disclose to any person, except to other officers in carrying out official duties or as provided in the Jury Selection Act, the name of any person so drawn or to permit any person to examine such record or to make a list of such names, except under order of the court. The application for such an order shall be filed in the form of a motion in the office of the clerk of the district court, containing the signature and residence of the applicant or his or her attorney and stating all the grounds on which the request for such order is based. Such order shall not be made except for good cause shown in open court and it shall be spread upon the record of the court. Any person violating any of the provisions of this section shall be guilty of a Class IV felony. Notwithstanding the foregoing provisions of this section, the judge or judges in any district may, in his, her, or their discretion, provide by express order for the disclosure of the names of persons drawn for actual service as grand or petit jurors.

(2) Notwithstanding subsection (1) of this section, the Supreme Court or an agent of the Supreme Court acting under the direction and supervision of the Chief Justice shall have access to juror qualification forms for research purposes. The Supreme Court and its agent shall treat such information as confidential, and nothing identifying any individual shall be released.

Source

  • Laws 1915, c. 248, § 11, p. 573;
  • C.S.1922, § 9105;
  • C.S.1929, § 20-1635;
  • R.S.1943, § 25-1635;
  • Laws 1949, c. 56, § 1, p. 167;
  • Laws 1953, c. 72, § 14, p. 235;
  • Laws 1977, LB 40, § 102;
  • Laws 2005, LB 105, § 2;
  • Laws 2018, LB193, § 31;
  • R.S.Supp.,2018, § 25-1635;
  • Laws 2020, LB387, § 30.

Annotations

  • Absent a reasonable ground for investigating jury misconduct or corruption, a party cannot use posttrial interviews with jurors as a "fishing expedition" to find some reason to attack a verdict. Golnick v. Callender, 290 Neb. 395, 860 N.W.2d 180 (2015).

  • Because there is no constitutional right to obtain information about a jury's deliberations, a court's discretion under this section to disclose juror information for good cause shown after a verdict should be tempered by the restrictions imposed under section 27-606(2). Golnick v. Callender, 290 Neb. 395, 860 N.W.2d 180 (2015).


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