Jury Duty in Delaware & Dementia

The jury selection process filters out potential jurors with disqualifying conditions.

To serve as a juror in a Delaware judicial proceeding, a jury candidate must be mentally competent. Title 10, Chapter 45, Sections 4507(a)(4) and (5) of the Delaware Code require Delaware courts to establish a jury selection plan which must include procedures and policies for juror selection and disqualifying conditions.

Juror Qualification Forms

The jury commissioner must provide prospective jurors with a jury qualification form. The form requests personal information about the jury candidate, including questions regarding disqualifying conditions and potential conflicts of interest.

Disqualifying Conditions

Section 4509(b)(5) of the Code requires exclusion of a prospective juror if he is "incapable, by reason of physical or mental disability, of rendering satisfactory jury service." The court has the authority to require proof establishing dementia in the form of a physician's or psychiatrist's written statement.

Requests for Exclusion

Even if the prospective juror possesses sufficient mental competency to avoid automatic disqualification, attorneys may request exclusion. Generally, attorneys for the parties to the proceeding are entitled to a certain number of exclusion of jurors for any reason. Attorneys for the parties may also challenge a prospective juror's selection "for cause." Justification for disqualification for cause can be established by a prospective juror's answers to questions posed by the attorneys.

References

• Delaware Code: Title 10, Chapter 45, Section 4501