2.18(1)Definitions. The following terms, as used in this rule, are defined as follows: a. Panel. Those jurors drawn or assigned for service to a courtroom, judge, or trial.b. Pool. The sum total of prospective jurors reporting for service.2.18(2)Selection of the panel. For each jury trial, the clerk of court shall randomly select a number of prospective jurors equal to twelve plus the prescribed number of alternates and strikes. The clerk may randomly select additional prospective jurors for the panel to allow for possible challenges for cause.2.18(3)Depletion of the panel. If for any reason the panel is exhausted without a jury being selected, the panel shall be replenished from the pool or, if necessary, in the manner provided in Iowa Code chapter 607A.2.18(4)Challenges to the panel or the pool. Before any juror is sworn for examination, either party may challenge the panel or the pool on the record distinctly specifying the grounds, which can be founded only on a material departure from the legal requirements for selecting the jury. 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 panel or the pool, as appropriate.2.18(5)Challenges to individual jurors for cause. A challenge for cause of an individual juror may be made orally by the State or the defendant and must distinctly specify the facts constituting the cause. A challenge may be made on an individual juror for any of the following causes:a. A previous conviction of the juror of a felony unless it can be established through the juror's testimony or otherwise that:(1) The juror's rights of citizenship have been restored.(2) The juror is not currently under the supervision of the department of corrections, a judicial district department of correctional services, or the board of parole.(3) The juror is not currently registered as a sex offender under Iowa Code chapter 692A or required to serve a special sentence under Iowa Code chapter 903B.b. Failure to meet any of the qualifications prescribed by Iowa Code chapter 607A to render a person a competent juror.c. A physical or mental condition that would reasonably render the juror incapable of performing the duties of a juror.d. Affinity or consanguinity, within the fourth degree, to an alleged victim, complaining witness, or defendant.e. Standing in the relation of guardian and ward, attorney and client, employer and employee, or landlord and tenant with an alleged victim, complaining witness, or defendant.f. Having been adverse to the defendant in a prior civil action or criminal prosecution.g. Having served on a grand jury that heard evidence of the case.h. Having served on a trial jury that heard evidence of the case in a trial of another defendant.i. Having been on a jury previously sworn to try the same indictment.j. Having served as a juror in a civil action that heard evidence of the case.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. Having provided bail for any defendant in the indictment.m. Having been a defendant in a similar indictment or the victim of a similar offense within the preceding year.n. Having been a witness either for or against the defendant at the preliminary hearing or before the grand jury.o. Where the circumstances indicate the juror would have an actual bias for or against a party.2.18(6)Examination of jurors. Before examination, the jurors shall be sworn. On sensitive subjects, the court may order that jurors be examined individually, separate from each other and in a location other than the courtroom. 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 answers cannot be used in a civil or criminal proceeding against the juror, other than a prosecution for perjury or contempt. When a potential juror expresses actual bias relevant to the case, including but not limited to bias based on age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, or disability, the court may clarify the juror's position but shall not attempt to rehabilitate the juror by its own questioning.2.18(7)Order of challenges for cause. The State shall first complete its challenges for cause, followed by the defendant, until a number of jurors equal to twelve plus the prescribed number of strikes has been obtained.2.18(8)Vacancy filled. If a challenge for cause is sustained, another juror shall be called and examined. 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)Clerk to prepare list; procedure. The clerk of court shall prepare a list of jurors called. After challenges for cause are completed, 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(10)Number of strikes.a. Class "A" felonies. If the offense charged is a class "A" felony, the State and defendant shall each strike ten prospective jurors.b. Other felonies. If the offense charged is a felony other than a class "A" felony, the State and the defendant shall each strike six prospective jurors.c. Misdemeanors. If the offense charged is a misdemeanor, the State and the defendant shall each strike four prospective jurors.2.18(11)Preserving appellate review of certain denials of challenges for cause.a. To preserve for appellate review a claim that a challenge for cause was improperly denied when the party later exercised a strike on the same juror, a party must do the following outside the presence of the jury before the jury is impaneled:(1) The party must identify a seated juror whom the party would have stricken if an additional strike had been available and state the reasons why the juror would have been stricken.(2) The party must request an additional strike to be used on that juror.b. If the court grants the additional strike, then another juror shall be called and examined as needed.2.18(12)Multiple charges. If the indictment charges multiple offenses, the number of strikes shall be based on the highest grade of offense charged.2.18(13)Multiple defendants. Where two or more defendants are tried together, each defendant shall have one-half the number of strikes allowed in rule 2.18(10). 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(14)Selecting alternate jurors. The court may require selection of one or more alternate jurors whose qualifications will be the same as principal jurors. a. The role of alternate jurors. An alternate juror shall replace a principal juror if, during trial, a principal juror becomes unable to serve.b. Alternate juror selection procedure. Prior to commencing jury selection, the court must determine, on the record, with input of the attorneys, how many alternate jurors will be selected and how they will be selected, provided that any method of selection must comply with this rule. The clerk of court will call for examination the number of additional prospective jurors necessary to allow for the number of alternates to be selected and one additional strike for each party.c. Examination and seating of alternate jurors. Jury examination will proceed contemporaneously for both principal and alternate jurors.d. Identity of alternate jurors. The identity of the alternate jurors will not be revealed to the jury or the alternate jurors until the jury retires to deliberate.e. Excusing alternate jurors. Once the jury commences deliberations, any remaining alternate jurors shall be excused from further service and not recalled.2.18(15)Reading of names or numbers. After all challenges have thus been exercised or waived and the required number of jurors has been struck from the list, the court shall read the names or assigned numbers of the jurors remaining, including any alternates, who shall constitute the jury selected.2.18(16)Jurors sworn. Once the jurors are selected, they shall be sworn to try the issues.66GA, ch 1245(2), § 1301; 67GA, ch 153, § 45 to 49; Report 1978, effective 7/1/1979; amendment 1980; amendment 1982; 82 Acts, ch 1021, § 4, effective 7/1/1983; amendment 1983; 1986 Iowa Acts, ch 1108, § 56;11/9/2001, effective 2/15/2002; Court Order6/30/2016, temporarily effective6/30/2016, permanently effective 8/30/2016;Order February 19, 2021, temporarily effective 2/19/2021, permanently effective 4/21/2021; October 14, 2022, November 7, 2022, Order May 31, 2023, effective 7/1/2023; court order August 30, 2024, effective 10/30/2024.COMMENT:
Rule 2.18(11). Rule 2.18(11) is intended to codify the procedure set forth in State v. Jonas, 904 N.W.2d 566 (Iowa 2017).