Can Tennessee courts qualify jurors and assign jury-service dates online?

Subject

Opinion No. 14-64, Qualifying Jurors and Assigning Jury-Service Dates Online, June 25, 2014

Plain-English summary

Judge Robert Carter of the Criminal Court of the 30th Judicial District at Memphis asked whether jurors could be qualified and assigned jury-service dates over the Internet. The AG said yes.

Chapters 1 and 2 of Title 22 govern juror qualification and assignment. The AG anchored on the summons statute's flexibility. Tenn. Code Ann. § 22-2-306(a)(3) requires a summons to include the "[d]ate, time and place [that the] juror is required to appear in response to the summons or, in the alternative, [the] date and method by which the juror is required to contact the jury coordinator or otherwise respond to the court regarding the juror's service." § 22-2-309(a) similarly requires jurors to "attend at the time and place designated in the summons, or otherwise respond as specified in the summons."

The phrases "in the alternative," "otherwise respond," and "method" expressly contemplate non-appearance modes of response. Nothing in Title 22 limits the alternative method to telephone or mail. An Internet-based qualification and scheduling system fits comfortably within the statute's allowance of an alternative-response method.

The AG noted the basic eligibility framework. Tenn. Code Ann. § 22-1-101 makes every person 18 or older and a U.S. citizen qualified for jury service subject to residency requirements (unless otherwise incompetent). § 22-1-102 disqualifies persons convicted of a felony, infamous offense, perjury, or subornation of perjury. The online platform must collect the information necessary to apply these statutory eligibility tests.

Currency note

This opinion was issued in 2014. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Does this mean a court has to offer online qualification?

No. The opinion confirms that online qualification is permitted by Title 22. Whether a court adopts the technology is a local administrative decision.

What questions does the qualification process have to answer?

Enough to determine whether the prospective juror meets the § 22-1-101 qualifications (age, citizenship, residency) and is not disqualified under § 22-1-102 (felony or specified convictions). Courts typically also collect contact and accommodation information.

Can the court require online response?

The statute frames the response method as something the summons "specifies." A court could direct jurors to respond by a specific method, including online. Equitable access concerns (jurors without internet access) may justify offering more than one channel.

Is the juror still "summoned" for an in-person appearance?

The summons still designates a "[d]ate, time and place [that the] juror is required to appear" or the alternative response. If the online process completes the qualification and a service date is assigned, the juror's eventual appearance follows that schedule.

What about identity verification?

The statute does not prescribe identity-verification procedures. Practical implementation typically uses a unique summons identifier plus personal-information matching. The opinion does not address what verification rigor is required.

What about jurors without internet access?

The statute requires that some response method be available; it does not require that it be online. Courts should ordinarily preserve a non-online channel (mail, phone, in-person) for jurors who cannot use the online platform.

Background and statutory framework

Tennessee's jury-administration framework is comparatively flexible at the summons-response stage. Tenn. Code Ann. § 22-2-306(a) is the controlling provision on what a summons must contain. The "alternative" language was drafted broadly enough to accommodate evolving response technologies, and the AG's opinion reflects that drafting choice.

The "qualification" function (determining whether a person is statutorily eligible to serve) is conceptually distinct from "summoning" (calling the qualified person for actual service). Both are administrative functions of the court; both can be supported by online portals. The substantive eligibility rules in §§ 22-1-101 and -102 do not change based on response medium.

Citations

• Tenn. Code Ann. § 22-1-101 (juror qualifications: 18, citizen, resident)
• Tenn. Code Ann. § 22-1-102 (disqualifications: felony, infamous offense, perjury, subornation of perjury)
• Tenn. Code Ann. § 22-2-306(a)(3) (summons must include date, time, place or alternative response method)
• Tenn. Code Ann. § 22-2-309(a) (jurors must attend or otherwise respond as summons specifies)
• Premium Fin. Corp. of Am. v. Crump Ins. Servs. of Memphis, Inc., 978 S.W.2d 91 (Tenn. 1998) (Tennessee Supreme Court; statutory construction)

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2014/op14-064.pdf

Original opinion text

STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
June 25, 2014
Opinion No. 14-64
Qualifying Jurors and Assigning Jury-Service Dates Online

QUESTION

Can jurors be qualified and assigned a jury-service date via the Internet?

OPINION

Yes.

ANALYSIS

Chapters 1 and 2 of Title 22 of the Tennessee Code govern the qualification and assignment of jurors. The primary goal in interpreting the statutory provisions relevant to this process is "to ascertain and carry out the legislature's intent without unduly restricting or expanding a statute's coverage beyond its intended scope." Premium Fin. Corp. of Am. v. Crump Ins. Servs. of Memphis, Inc., 978 S.W.2d 91, 93 (Tenn. 1998).

Subject to residency requirements, every person who is 18 years of age and a citizen of the United States is qualified for jury service, if not otherwise incompetent. Tenn. Code Ann. § 22-1-101. A juror summons must include the "[d]ate, time and place [that the] juror is required to appear in response to the summons or, in the alternative, [the] date and method by which the juror is required to contact the jury coordinator or otherwise respond to the court regarding the juror's service." Tenn. Code Ann. § 22-2-306(a)(3) (emphasis added). See also Tenn. Code Ann. § 22-2-309(a) ("All persons summoned as members of the jury pool shall attend at the time and place designated in the summons, or otherwise respond as specified in the summons . . . .") (emphasis added). Title 22 expressly contemplates the use of an alternative method, in lieu of appearing, for potential jurors to respond to a summons for jury service and thus does not preclude the qualifying of jurors and the assignment of jury-service dates via the Internet.

Persons are incompetent to act as jurors upon conviction of a felony or other infamous offense, or upon conviction of perjury or subornation of perjury. Tenn. Code Ann. § 22-1-102.

ROBERT E. COOPER, JR.
Attorney General and Reporter

JOSEPH F. WHALEN
Acting Solicitor General

JASON COLEMAN
Assistant Attorney General

Requested by:
The Honorable Robert J. Carter, Jr.
Judge of Division III
The Criminal Court of Tennessee
30th Judicial District at Memphis
201 Poplar Avenue
Memphis, Tennessee 38103