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1997 Arizona Attorney General Reports and Opinions 1 (1997)

handle is hein.sag/sagaz0021 and id is 1 raw text is: . J STATE OF ARIZONA OFFICE OF THE ATTORNEY GENERAL GRANT WGODS MAIN PHONE: 542-5025 ATTORNEY GENERAL 1275 WEST WASHINGTON, PHOENIX 85007-2926 TELECOPIER : 542-4085 January 30, 1997 The Honorable Judith Allen Clerk of the Court Maricopa County Superior Court 201 West Jefferson Phoenix, Arizona 85003-2205 Re: 197-001 (R96-037) Dear Ms. Allen: You have asked two questions concerning residency qualifications for jurors: (1) whether jury commissioners may use the residency criteria in Arizona Revised Statutes Annotated (A.R.S.) §§ 16-101 and -593 (defining resident for election purposes), and (2) whether military personnel and their dependents who obtain Arizona five-year temporary driver's licenses should be considered Arizona residents subject to jury duty. We conclude that jury commissioners may continue to apply the residency criteria in A.R.S. § 16-593 to determine who meets the residency qualifications for jury service. However, these criteria must be applied with an understanding that a prospective juror's intent to be an Arizona resident is the most critical factor in determining residency. Because the intent to maintain residency in Arizona is a question of fact, the jury commissioner must assess evidence concerning each prospective juror. This evidence may include a person's business and domestic relations, declarations, exercise of political rights, community activities, payment of taxes, ownership of property, and other pertinent objective facts. Military personnel and their dependents who obtain Arizona five-year temporary driver's licenses have not, on that basis alone, demonstrated an intent to be Arizona residents. As with other prospective jurors, the jury commissioner must assess their intent to be Arizona residents when determining whether they qualify to serve as jurors in our State court system. 4 R I Z0 TAP

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