Chapter 3 - § 3.7 USE OF ALTERNATE JURORS

• Jurisdiction: Colorado

§ 3.7 USE OF ALTERNATE JURORS

Colorado

➢ General. The court may direct that one or two jurors in addition to the regular panel be called and impaneled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become unable or disqualified to perform their duties. C.R.C.P. 47(b).

➢ Qualifications. Alternate jurors must satisfy the same qualifications as regular jurors. C.R.C.P. 47(b); C.R.S. § 13-71-142. The qualifications for jury service are discussed above and are set forth at C.R.S. § 13-71-105.

➢ Number. A court may direct that one or two jurors be called as alternate jurors. C.R.C.P. 47(b).

➢ Order of Replacement. It is within the court's discretion to replace a dismissed juror with the second alternate juror under the circumstances. A court properly replaced a dismissed juror with the second alternate juror upon a finding that the first alternate had paid little attention to the trial proceedings. Combined Commc'ns Corp. v. Pub. Serv. Co., 865 P.2d 893, 899 (Colo. App. 1993).

➢ Participation in Verdict; Timing. An alternate juror who does not replace a regular juror shall be discharged at the time the jury retires to consider its verdict, unless otherwise provided by law, by agreement of the parties, or by order of the court. C.R.S. § 13-71-142. An alternate juror who does not replace a principal juror shall not be discharged until the jury renders its verdict or until such time as determined by the court. If the court and the parties agree, alternate jurors may deliberate and participate fully with the principal jurors in considering and returning a verdict. C.R.C.P. 47(b).

➢ Mid-trial Replacement of Jurors. Where a juror claimed illness and did not return from the lunch break, and a defense witness was scheduled to leave town that afternoon, the court did not abuse its discretion by replacing the absent juror with an alternate juror so as not to delay the trial. The trial court was not required to conduct a more thorough investigation to make a factual determination regarding the absent juror's physical ability to continue. Replacing a juror in such a situation is in the nature of an administrative task. Hardesty v. Pino, 222 P.3d 336, 342 (Colo. App. 2009).
➢ Participation in Verdict;

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