Also known as: alternate jurors · replacement juror
Written by attorneys · grounded in primary & secondary sources — see below
A juror selected in advance of trial to replace a regular juror who becomes unable to perform or is disqualified from performing duties. Alternate jurors possess the same qualifications, undergo the same selection and swearing process, and assume the same authority as regular jurors upon substitution. Replacement occurs in the order the alternates were selected.
Angela Acosta faced federal charges for wire fraud. After opening statements, one seated juror developed severe symptoms and could not continue. The court excused that juror and seated the first alternate who had been selected and sworn during voir dire. The trial proceeded without interruption or mistrial.
Ariana Azizi appeared before a grand jury investigating insurance fraud. On day three, a seated juror received a mandatory evacuation order and could not return. The judge found good cause, excused the juror permanently, and seated the next alternate who had been impaneled at the outset. Proceedings continued with a full panel.
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Antonio Alvarado was prosecuted for conspiracy. The court retained two alternates after the jury retired. When one regular juror became ill during deliberations, the first alternate replaced him. The court instructed the jury to begin deliberations anew with the substituted member.
Anita Ali pleaded guilty but later challenged aspects of her proceedings. An alternate juror had been available throughout trial. When a seated juror was excused for cause, the alternate assumed the role without affecting the validity of prior waivers or agreements.
Aisha Ahmed faced trial on felony charges. During voir dire the prosecutor used an additional peremptory challenge allocated solely for alternates to strike one prospective alternate. The remaining alternates were seated and later available for substitution.
Alfred Ashford was convicted after an alternate replaced a juror mid-trial. On collateral review the court considered whether the substitution rule applied retroactively to his case. The analysis turned on whether the procedure affected the fairness of the original proceedings.
A court may seat an alternate when a regular juror becomes unable to perform duties or is disqualified. The rule authorizes substitution at any time before verdict for good cause such as illness or mandatory evacuation.
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No consent is required. The court holds authority to excuse a juror for inability to serve and to seat an alternate without party agreement.
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The court must instruct the jury to begin deliberations anew. The alternate assumes full authority equal to the other jurors.
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Each side receives a specified number of additional peremptory challenges that may be used only against prospective alternate jurors.
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…plus the number of allowable peremptory challenges. Rule 9.36. Since the offense charged in this case was a felony, and an alternate juror was called, the prosecutor was entitled to six peremptory challenges, and defense counsel to nine. Rule 9.40. [^maj-3]: See, e. g. , Strauder v. West Virginia , 100 U. S. 303 (1880);…