Sec. 1863. Plan for random jury selection
- (a) Each United States district court shall devise and place
into operation a written plan for random selection of grand and petit jurors
that shall be designed to achieve the objectives of sections 1861 and
1862 of this title, and that shall otherwise comply with the provisions of
this title. The plan shall be placed into operation after approval by a
reviewing panel consisting of the members of the judicial council of the
circuit and either the chief judge of the district whose plan is being
reviewed or such other active district judge of that district as the chief
judge of the district may designate. The panel shall examine the plan to
ascertain that it complies with the provisions of this title. If the reviewing
panel finds that the plan does not comply, the panel shall state the
particulars in which the plan fails to comply and direct the district court to
present within a reasonable time an alternative plan remedying the defect or
defects. Separate plans may be adopted for each division or combination of
divisions within a judicial district. The district court may modify a plan at
any time and it shall modify the plan when so directed by the reviewing panel.
The district court shall promptly notify the panel, the Administrative Office
of the United States Courts, and the Attorney General of the United States, of
the initial adoption and future modifications of the plan by filing copies
therewith. Modifications of the plan made at the instance of the district
court shall become effective after approval by the panel. Each district court
shall submit a report on the jury selection process within its jurisdiction to
the Administrative Office of the United States Courts in such form and at such
times as the Judicial Conference of the United States may specify. The
Judicial Conference of the United States may, from time to time, adopt rules
and regulations governing the provisions and the operation of the plans
formulated under this title.
- (b) Among other things, such plan shall -
- (1) either establish a jury commission, or authorize the
clerk
of the court, to manage the jury selection process. If the plan
establishes a jury commission, the district court shall appoint
one
citizen to serve with the clerk of the court as the jury
commission:
Provided, however, That the plan for the District of
Columbia may
establish a jury commission consisting of three
citizens. The citizen
jury commissioner shall not belong to the
same political party as the
clerk serving with him. The clerk or
the jury commission, as the case
may be, shall act under the
supervision and control of the chief judge
of the district court
or such other judge of the district court as the
plan may
provide. Each jury commissioner shall, during his tenure in
office, reside in the judicial district or division for which he
is
appointed. Each citizen jury commissioner shall receive
compensation to
be fixed by the district court plan at a rate not
to exceed $50 per day
for each day necessarily employed in the
performance of his duties, plus
reimbursement for travel,
subsistence, and other necessary expenses
incurred by him in the
performance of such duties. The Judicial
Conference of the
United States may establish standards for allowance of
travel,
subsistence, and other necessary expenses incurred by jury
commissioners.
- (2) specify whether the names of prospective jurors
shall be
selected from the voter registration lists or the lists of
actual
voters of the political subdivisions within the district or
division. The plan shall prescribe some other source or sources
of
names in addition to voter lists where necessary to foster the
policy
and protect the rights secured by sections 1861 and
1862
of this title. The plan for the District of Columbia may require
the names of prospective jurors to be selected from the city
directory rather than from voter lists. The plans for the
districts
of Puerto Rico and the Canal Zone may prescribe some
other source or
sources of names of prospective jurors in lieu of
voter lists, the use
of which shall be consistent with the
policies declared and rights
secured by sections 1861 and
1862 of
this title. The plan for the district of Massachusetts may
require the names of prospective jurors to be selected from the
resident list provided for in chapter 234A,
Massachusetts General
Laws, or comparable authority, rather than from
voter lists.
- (3) specify detailed procedures to be followed by the
jury
commission or clerk in selecting names from the sources specified
in paragraph (2) of this subsection. These procedures shall be
designed to ensure the random selection of a fair cross section
of
the persons residing in the community in the district or
division
wherein the court convenes. They shall ensure that
names of persons
residing in each of the counties, parishes, or
similar political
subdivisions within the judicial district or
division are placed in a
master jury wheel; and shall ensure that
each county, parish, or similar
political subdivision within the
district or division is substantially
proportionally represented
in the master jury wheel for that judicial
district, division, or
combination of divisions. For the purposes of
determining
proportional representation in the master jury wheel, either
the
number of actual voters at the last general election in each
county, parish, or similar political subdivision, or the number
of
registered voters if registration of voters is uniformly
required
throughout the district or division, may be used.
- (4) provide for a master jury wheel (or a device similar
in
purpose and function) into which the names of those randomly
selected shall be placed. The plan shall fix a minimum number of
names to be placed initially on the master jury wheel, which
shall
be at least one-half of 1 per centum of the total number of
persons on
the list used as a source of names for the district or
division; but if
this number of names is believed to be
cumbersome and unnecessary, the
plan may fix a smaller number of
names to be placed in the master wheel,
but in no event less than
one thousand. The chief judge of the district
court, or such
other district court judge as the plan may provide, may
order
additional names to be placed in the master jury wheel from time
to time as necessary. The plan shall provide for periodic
emptying
and refilling of the master jury wheel at specified
times, the interval
for which shall not exceed four years.
- (5)
- (A) except as provided in subparagraph (B), specify those
groups
of persons or occupational classes whose members shall on
individual
request therefor, be excused from jury service. Such
groups or classes
shall be excused only if the district court
finds, and the plan
states, that jury service by such class or
group would entail undue
hardship or extreme inconvenience to the
members thereof, and excuse
of members thereof would not be
inconsistent with sections 1861
and 1862 of this title.
- (B) specify that volunteer safety personnel, upon
individual
request, shall be excused from jury service. For purposes
of
this subparagraph, the term ''volunteer safety personnel'' means
individuals serving a public agency (as defined in section
1203(6)
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968)
in an official capacity, without compensation, as
firefighters or
members of a rescue squad or ambulance crew.
- (6) specify that the following persons are barred from
jury
service on the ground that they are exempt: (A) members in active
service in the Armed Forces of the United States; (B) members of
the
fire or police departments of any State, the District of
Columbia, any
territory or possession of the United States, or
any subdivision of a
State, the District of Columbia, or such
territory or possession; (C)
public officers in the executive,
legislative, or judicial branches of
the Government of the United
States, or of any State, the District of
Columbia, any territory
or possession of the United States, or any
subdivision of a
State, the District of Columbia, or such territory or
possession,
who are actively engaged in the performance of official
duties.
- (7) fix the time when the names drawn from the qualified
jury
wheel shall be disclosed to parties and to the public. If the
plan permits these names to be made public, it may nevertheless
permit the chief judge of the district court, or such other
district
court judge as the plan may provide, to keep these names
confidential in
any case where the interests of justice so
require.
- (8) specify the procedures to be followed by the clerk
or jury
commission in assigning persons whose names have been drawn from
the qualified jury wheel to grand and petit jury panels.
- (c) The initial plan shall be devised by each district court
and transmitted to the reviewing panel specified in subsection (a) of this
section within one hundred and twenty days of the date of enactment of the
Jury Selection and Service Act of 1968. The panel shall approve or direct the
modification of each plan so submitted within sixty days thereafter. Each plan
or modification made at the direction of the panel shall become effective
after approval at such time thereafter as the panel directs, in no event to
exceed ninety days from the date of approval. Modifications made at the
instance of the district court under subsection (a) of this section shall be
effective at such time thereafter as the panel directs, in no event to exceed
ninety days from the date of modification.
- (d) State, local, and Federal officials having custody,
possession, or control of voter registration lists, lists of actual voters, or
other appropriate records shall make such lists and records available to the
jury commission or clerks for inspection, reproduction, and copying at all
reasonable times as the commission or clerk may deem necessary and proper for
the performance of duties under this title. The district courts shall have
jurisdiction upon application by the Attorney General of the United States to
compel compliance with this subsection by appropriate process.
[Updates |
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