28 U.S.C. § 1865 — Qualifications for jury service

Page 471 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1865 Stat. 873; May 21, 1945, ch. 129, title IV, 59 Stat. 198; July 5, 1946, ch. 541, title IV, 60 Stat. 478). The words ‘‘The district court’’ were substituted for the phrase ‘‘the judge thereof, or by the judge senior in commission in districts having more than one judge’’ to conform to other sections authorizing appointment of court officers. See section 751 of this title relating to appointment of district court clerk. The limitation in section 412a of title 28, U.S.C., 1940 ed., that jury commissioners shall serve no more than three days in any one term of court was omitted as un- necessary. This is a matter that may safely be left to the discretion of the court. The last paragraph was added in conformity with sec- tion 11–1401 of the District of Columbia Code, 1940 ed., providing for three jury commissioners. Changes were made in phraseology. SENATE REVISION AMENDMENT As finally enacted, act July 9, 1947, ch. 211, title IV, 61 Stat. 304, which was classified to Title 28, U.S.C., 1946 ed., § 412a, was also a source of this section. Accord- ingly such act was included by Senate amendment in the schedule of repeals. See 80th Congress Senate Re- port No. 1559. Editorial Notes AMENDMENTS 2008—Subsec. (a). Pub. L. 110–406, § 5(a), struck out ‘‘publicly’’ after ‘‘judge shall’’ in first sentence and in- serted ‘‘The clerk or jury commission shall post a gen- eral notice for public review in the clerk’s office and on the court’s website explaining the process by which names are periodically and randomly drawn.’’ after first sentence. Subsec. (b). Pub. L. 110–406, § 17(a), substituted ‘‘$1,000, imprisoned not more than three days, ordered to per- form community service, or any combination thereof.’’ for ‘‘$100 or imprisoned not more than three days, or both.’’ in two places. 1988—Subsec. (a). Pub. L. 100–702 amended second sen- tence generally. Prior to amendment, second sentence read as follows: ‘‘The clerk or jury commission shall prepare an alphabetical list of the names drawn, which list shall not be disclosed to any person except pursu- ant to the district court plan and to sections 1867 and 1868 of this title.’’ 1968—Pub. L. 90–274 substituted provisions for the public drawing of names from the master jury wheel, the completion of the jury qualification form, and the penalties for failure to appear and for misrepresenta- tion of material facts for provisions requiring the draw- ing of names from a jury box, the refilling of the box by the clerk and a jury commissioner, the requirements and compensation of the commissioner, and the alter- nate placement of names by the clerk and the commis- sioner. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–274 effective 270 days after Mar. 27, 1968, except as to cases in which an indictment has been returned or a petit jury empaneled prior to such effective date, see section 104 of Pub. L. 90–274, set out as a note under section 1861 of this title. § 1865. Qualifications for jury service (a) The chief judge of the district court, or such other district court judge as the plan may provide, on his initiative or upon recommenda- tion of the clerk or jury commission, or the clerk under supervision of the court if the court’s jury selection plan so authorizes, shall determine solely on the basis of information provided on the juror qualification form and other competent evidence whether a person is unqualified for, or exempt, or to be excused from jury service. The clerk shall enter such deter- mination in the space provided on the juror qualification form and in any alphabetical list of names drawn from the master jury wheel. If a person did not appear in response to a sum- mons, such fact shall be noted on said list. (b) In making such determination the chief judge of the district court, or such other district court judge as the plan may provide, or the clerk if the court’s jury selection plan so pro- vides, shall deem any person qualified to serve on grand and petit juries in the district court unless he— (1) is not a citizen of the United States eighteen years old who has resided for a period of one year within the judicial district; (2) is unable to read, write, and understand the English language with a degree of pro- ficiency sufficient to fill out satisfactorily the juror qualification form; (3) is unable to speak the English language; (4) is incapable, by reason of mental or phys- ical infirmity, to render satisfactory jury service; or (5) has a charge pending against him for the commission of, or has been convicted in a State or Federal court of record of, a crime punishable by imprisonment for more than one year and his civil rights have not been re- stored. (June 25, 1948, ch. 646, 62 Stat. 952; Pub. L. 90–274, § 101, Mar. 27, 1968, 82 Stat. 58; Pub. L. 92–269, § 1, Apr. 6, 1972, 86 Stat. 117; Pub. L. 95–572, § 3(a), Nov. 2, 1978, 92 Stat. 2453; Pub. L. 100–702, title VIII, § 803(b), Nov. 19, 1988, 102 Stat. 4658; Pub. L. 106–518, title III, § 305, Nov. 13, 2000, 114 Stat. 2418.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 181, 413 (Mar. 3, 1911, ch. 231, §§ 100, 277, 36 Stat. 1121, 1164). Section consolidates a part of section 181 with section 413 of title 28, U.S.C., 1940 ed. Other provisions of said section 181 are incorporated in section 115 of this title. Word ‘‘jurors’’ was changed to ‘‘grand and petit ju- rors’’ upon authority of Agnew v. United States, 1897, 17 S.Ct. 235, 165 U.S. 36, 41 L.Ed. 624, construing such term to include both types of jurors. The last sentence of subsection (a) was added to con- form with existing practice in many districts. Sub- section (b) extends to all districts a provision of section 181 of title 28, U.S.C., 1940 ed., which was designed for the convenience of the districts in Ohio and permitted jurors drawn for service at Cleveland, Toledo, and Co- lumbus to serve at Youngstown, Lima, and Steuben- ville, respectively. Changes were made in phraseology. Editorial Notes AMENDMENTS 2000—Subsec. (a). Pub. L. 106–518, § 305(1), inserted ‘‘or the clerk under supervision of the court if the court’s jury selection plan so authorizes,’’ after ‘‘jury commis- sion,’’. Subsec. (b). Pub. L. 106–518, § 305(2), inserted ‘‘or the clerk if the court’s jury selection plan so provides,’’ after ‘‘may provide,’’ in introductory provisions. 1988—Subsec. (a). Pub. L. 100–702 substituted ‘‘in any alphabetical’’ for ‘‘the alphabetical’’. 1978—Subsec. (b)(5). Pub. L. 95–572 struck out ‘‘by par- don or amnesty’’ after ‘‘civil rights have not been re- stored’’. Page 472 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1866 1972—Subsec. (b)(1). Pub. L. 92–269 substituted ‘‘eight- een years old’’ for ‘‘twenty-one years old’’. 1968—Subsec. (a). Pub. L. 90–274 substituted provi- sions for the excusing of persons from jury service by the chief judge of the district court or by other district court judge for provisions requiring the selection of ju- rors so as to be most favorable to an impartial trial and so as to minimize the expense and burden of jury serv- ice. Subsec. (b). Pub. L. 90–274 substituted provisions set- ting out the conditions of ineligibility for jury service for provisions authorizing the service of jurors in a place within the district other than the place for which the jurors were summoned. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–572 applicable with respect to any grand or petit juror summoned for service or ac- tually serving on or after Nov. 2, 1978, see section 7(a) of Pub. L. 95–572, set out as an Effective Date note under section 1363 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–274 effective 270 days after Mar. 27, 1968, except as to cases in which an indictment has been returned or a petit jury empaneled prior to such effective date, see section 104 of Pub. L. 90–274, set out as a note under section 1861 of this title. § 1866. Selection and summoning of jury panels (a) The jury commission, or in the absence thereof the clerk, shall maintain a qualified jury wheel and shall place in such wheel names of all persons drawn from the master jury wheel who are determined to be qualified as jurors and not exempt or excused pursuant to the district court plan. From time to time, the jury commission or the clerk shall draw at random from the qualified jury wheel such number of names of persons as may be required for assignment to grand and petit jury panels. The clerk or jury commission shall post a general notice for pub- lic review in the clerk’s office and on the court’s website explaining the process by which names are periodically and randomly drawn. The jury commission or the clerk shall prepare a separate list of names of persons assigned to each grand and petit jury panel. (b) When the court orders a grand or petit jury to be drawn, the clerk or jury commission or their duly designated deputies shall issue sum- monses for the required number of jurors. Each person drawn for jury service may be served personally, or by registered, certified, or first-class mail addressed to such person at his usual residence or business address. If such service is made personally, the sum- mons shall be delivered by the clerk or the jury commission or their duly designated deputies to the marshal who shall make such service. If such service is made by mail, the summons may be served by the marshal or by the clerk, the jury commission or their duly designated deputies, who shall make affidavit of service and shall attach thereto any receipt from the ad- dressee for a registered or certified summons. (c) Except as provided in section 1865 of this title or in any jury selection plan provision adopted pursuant to paragraph (5) or (6) of sec- tion 1863(b) of this title, no person or class of persons shall be disqualified, excluded, excused, or exempt from service as jurors: Provided, That any person summoned for jury service may be (1) excused by the court, or by the clerk under supervision of the court if the court’s jury selec- tion plan so authorizes, upon a showing of undue hardship or extreme inconvenience, for such pe- riod as the court deems necessary, at the con- clusion of which such person either shall be summoned again for jury service under sub- sections (b) and (c) of this section or, if the court’s jury selection plan so provides, the name of such person shall be reinserted into the quali- fied jury wheel for selection pursuant to sub- section (a) of this section, or (2) excluded by the court on the ground that such person may be un- able to render impartial jury service or that his service as a juror would be likely to disrupt the proceedings, or (3) excluded upon peremptory challenge as provided by law, or (4) excluded pursuant to the procedure specified by law upon a challenge by any party for good cause shown, or (5) excluded upon determination by the court that his service as a juror would be likely to threaten the secrecy of the proceedings, or oth- erwise adversely affect the integrity of jury de- liberations. No person shall be excluded under clause (5) of this subsection unless the judge, in open court, determines that such is warranted and that exclusion of the person will not be in- consistent with sections 1861 and 1862 of this title. The number of persons excluded under clause (5) of this subsection shall not exceed one per centum of the number of persons who return executed jury qualification forms during the pe- riod, specified in the plan, between two consecu- tive fillings of the master jury wheel. The names of persons excluded under clause (5) of this sub- section, together with detailed explanations for the exclusions, shall be forwarded immediately to the judicial council of the circuit, which shall have the power to make any appropriate order, prospective or retroactive, to redress any misapplication of clause (5) of this subsection, but otherwise exclusions effectuated under such clause shall not be subject to challenge under the provisions of this title. Any person excluded from a particular jury under clause (2), (3), or (4) of this subsection shall be eligible to sit on an- other jury if the basis for his initial exclusion would not be relevant to his ability to serve on such other jury. (d) Whenever a person is disqualified, excused, exempt, or excluded from jury service, the jury commission or clerk shall note in the space pro- vided on his juror qualification form or on the juror’s card drawn from the qualified jury wheel the specific reason therefor. (e) In any two-year period, no person shall be required to (1) serve or attend court for prospec- tive service as a petit juror for a total of more than thirty days, except when necessary to com- plete service in a particular case, or (2) serve on more than one grand jury, or (3) serve as both a grand and petit juror. (f) When there is an unanticipated shortage of available petit jurors drawn from the qualified jury wheel, the court may require the marshal to summon a sufficient number of petit jurors selected at random from the voter registration lists, lists of actual voters, or other lists speci- fied in the plan, in a manner ordered by the