Criminal defense attorneys often intuitively know that law enforcement officers cannot serve on criminal juries. However, the specific statute is Code of Civil Procedure (CCP), Sec. 219. This section states in relevant part.
CCP 219:
- (a) Except as provided in subdivision (b), the jury commissioner shall randomly select jurors for jury panels to be sent to courtrooms for voir dire. (b)(1) Notwithstanding subdivision (a), no peace officer, as defined in Section 830.1, subdivision (a) of Section 830.2, and subdivision (a) of Section 830.33, of the Penal Code, shall be selected for voir dire in civil or criminal matters. (2) Notwithstanding subdivision (a), no peace officer, as defined in subdivisions (b) and (c) of Section 830.2 of the Penal Code, shall be selected for voir dire in criminal matters.
The statute provides exemption from all jury service but in criminal cases it provides a broader definition of what constitutes a law enforcement officer. In areas where there are prisons the question is often raised, do Department of Corrections officers fall under the prohibition on police officer jury service.
The answer is “no”. A review of Penal Code section 830.1, Penal Code section 830.2(a) and Penal Code section 830.33(a) do not reveal any mention of DOC officers or any set of definitions that can apply to them. In fact 830.2 (d)(1) refers to them specifically and that section by being excluded from CCP 219 is clearly permitted to sit on the panel.
Daniel Horowitz is a criminal defense specialist certified by the State Bar of California Board of Legal Specialization. Call Daniel if you have a high stakes or complex criminal case. (925) 291-5388
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