28 U.S.C. § 1863 — Plan for random jury selection

Page 467 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1863 ‘‘Disqualification of marshal or deputy’’ as item 1868, ‘‘Definitions’’ for ‘‘Frequency of service’’ as item 1869, and reenacted items 1870–1874 without change. § 1861. Declaration of policy It is the policy of the United States that all litigants in Federal courts entitled to trial by jury shall have the right to grand and petit ju- ries selected at random from a fair cross section of the community in the district or division wherein the court convenes. It is further the pol- icy of the United States that all citizens shall have the opportunity to be considered for serv- ice on grand and petit juries in the district courts of the United States, and shall have an obligation to serve as jurors when summoned for that purpose. (June 25, 1948, ch. 646, 62 Stat. 951; Pub. L. 85–315, part V, § 152, Sept. 9, 1957, 71 Stat. 638; Pub. L. 90–274, § 101, Mar. 27, 1968, 82 Stat. 54.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 411 and 415 (Mar. 3, 1911, ch. 231, §§ 275, 278, 38 Stat. 1164, 1165). The revised section prescribes uniform standards of qualification for jurors in Federal Courts instead of making qualifications depend upon State laws. This is in accord with proposed legislation recommended by the Judicial Conference of the United States. The last paragraph is added to exclude jurors incom- petent to serve as jurors in State courts. Editorial Notes AMENDMENTS 1968—Pub. L. 90–274 substituted provisions declaring the policy of the United States with respect to trial by jury and the opportunity to serve on such juries for provisions setting out the required qualifications of Federal jurors, including age, citizenship, residence, freedom from conviction of certain crimes, ability to read, write, speak, and understand the English lan- guage, and capability of rendering efficient jury serv- ice. 1957—Pub. L. 85–315 substituted ‘‘Qualifications of Federal jurors’’ for ‘‘Qualifications’’ in section catch- line. Pub. L. 85–315 substituted ‘‘and who has resided for a period of one year within the judicial district’’ for ‘‘and resides within the judicial district’’, and struck out provisions which prohibited service as a grand or petit juror if a person was incompetent to serve as a grand or petit juror by the law of the State in which the dis- trict court is held. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Pub. L. 90–274, § 104, Mar. 27, 1968, 82 Stat. 63, provided that: ‘‘This Act [amending this section and sections 1821, 1862 to 1869, and 1871 of this title, repealing section 867 of Title 48, Territories and Insular Possessions, and enacting provisions set out as notes under this section] shall become effective two hundred and seventy days after the date of enactment [Mar. 27, 1968]: Provided, That this Act shall not apply in any case in which an indictment has been returned or petit jury empaneled prior to such effective date.’’ SHORT TITLE OF 1978 AMENDMENT Pub. L. 95–572, § 1, Nov. 2, 1978, 92 Stat. 2453, provided that: ‘‘This Act [enacting sections 1363 and 1875 of this title, amending sections 1863, 1865, 1866, 1869, and 1871 of this title, renumbering section 1363 (relating to con- struction of references to laws of the United States or Acts of Congress) as section 1364 of this title, and en- acting provisions set out as a note under section 1363 of this title] may be cited as the ‘Jury System Improve- ments Act of 1978’.’’ SHORT TITLE Pub. L. 90–274, § 1, Mar. 27, 1968, 82 Stat. 53, provided: ‘‘That this Act [amending this section and sections 1821, 1862 to 1869, and 1871 of this title, repealing section 867 of Title 48, Territories and Insular Possessions, and enacting provisions set out as notes under this section] may be cited as the ‘Jury Selection and Service Act of 1968’.’’ § 1862. Discrimination prohibited No citizen shall be excluded from service as a grand or petit juror in the district courts of the United States or in the Court of International Trade on account of race, color, religion, sex, national origin, or economic status. (June 25, 1948, ch. 646, 62 Stat. 952; Pub. L. 90–274, § 101, Mar. 27, 1968, 82 Stat. 54; Pub. L. 96–417, title III, § 302(c), Oct. 10, 1980, 94 Stat. 1739.) HISTORICAL AND REVISION NOTES This section makes provision for specific exemption of classes of citizens usually excused from jury service in the interest of the public health, safety, or welfare. The inclusion in the jury list of persons so exempted usually serves only to waste the time of the court. Editorial Notes AMENDMENTS 1980—Pub. L. 96–417 prohibited discrimination against service as juror in the Court of International Trade. 1968—Pub. L. 90–274 substituted provisions prohibiting discrimination against citizens in their service as ju- rors because of race, color, religion, sex, national ori- gin, or economic status for provisions identifying three groups as exempt from jury service, including members of the armed forces on active duty, members of fire or police departments, and public officers actively en- gaged in the performance of official duties. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 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. § 1863. Plan for random jury selection (a) Each United States district court shall de- vise 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 cir- cuit and either the chief judge of the district whose plan is being reviewed or such other ac- tive district judge of that district as the chief Page 468 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1863 judge of the district may designate. The panel shall examine the plan to ascertain that it com- plies with the provisions of this title. If the re- viewing panel finds that the plan does not com- ply, 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 mod- ify 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 there- with. Modifications of the plan made at the in- stance of the district court shall become effec- tive after approval by the panel. Each district court shall submit a report on the jury selection process within its jurisdiction to the Adminis- trative Office of the United States Courts in such form and at such times as the Judicial Con- ference 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 au- thorize the clerk of the court, to manage the jury selection process. If the plan establishes a jury commission, the district court shall ap- point one citizen to serve with the clerk of the court as the jury commission: Provided, how- ever, That the plan for the District of Colum- bia may establish a jury commission con- sisting of three citizens. The citizen jury com- missioner shall not belong to the same polit- ical 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 judi- cial district or division for which he is ap- pointed. Each citizen jury commissioner shall receive compensation to be fixed by the dis- trict 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 ex- penses incurred by him in the performance of such duties. The Judicial Conference of the United States may establish standards for al- lowance of travel, subsistence, and other nec- essary expenses incurred by jury commis- sioners. (2) specify whether the names of prospective jurors shall be selected from the voter reg- istration 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 pro- spective jurors to be selected from the city di- rectory 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 con- sistent 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 subdivi- sions within the judicial district or division are placed in a master jury wheel; and shall ensure that each county, parish, or similar po- litical subdivision within the district or divi- sion is substantially proportionally rep- resented in the master jury wheel for that ju- dicial district, division, or combination of di- visions. For the purposes of determining pro- portional representation in the master jury wheel, either the number of actual voters at the last general election in each county, par- ish, 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 de- vice 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 in the master jury wheel, which shall be at least one- half of 1 per centum of the total number of persons on the lists used as a source of names for the district or division; but if this number of names is believed to be cumbersome and un- necessary, 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 dis- trict court judge as the plan may provide, may order additional names to be placed in the master jury wheel from time to time as nec- essary. 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 occupa- tional classes whose members shall, on indi- vidual request therefor, be excused from jury service. Such groups or classes shall be ex- cused 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 ex- cuse of members thereof would not be incon- sistent with sections 1861 and 1862 of this title. Page 469 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1863 1 See References in Text note below. (B) specify that volunteer safety personnel, upon individual request, shall be excused from jury service. For purposes of this subpara- graph, the term ‘‘volunteer safety personnel’’ means individuals serving a public agency (as defined in section 1203(6) of title I of the Omni- bus Crime Control and Safe Streets Act of 1968 1) in an official capacity, without com- pensation, as firefighters or members of a res- cue 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 serv- ice 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 Co- lumbia, 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 never- theless permit the chief judge of the district court, or such other district court judge as the plan may provide, to keep these names con- fidential 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 per- sons 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 nine- ty 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 registra- tion lists, lists of actual voters, or other appro- priate records shall make such lists and records available to the jury commission or clerks for inspection, reproduction, and copying at all rea- sonable 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 com- pel compliance with this subsection by appro- priate process. (June 25, 1948, ch. 646, 62 Stat. 952; Pub. L. 90–274, § 101, Mar. 27, 1968, 82 Stat. 54; Pub. L. 92–269, § 2, Apr. 6, 1972, 86 Stat. 117; Pub. L. 95–572, § 2(a), Nov. 2, 1978, 92 Stat. 2453; Pub. L. 100–702, title VIII, § 802(b), (c), Nov. 19, 1988, 102 Stat. 4657, 4658; Pub. L. 102–572, title IV, § 401, Oct. 29, 1992, 106 Stat. 4511.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940, ed., § 415 (Mar. 3, 1911, ch. 231, § 278, 36 Stat. 1165). Subsections (a) and (b) are new and merely declara- tory of existing practice. The phrase ‘‘or previous condition of servitude’’ was omitted as obsolete. Changes were made in phraseology. Editorial Notes REFERENCES IN TEXT Section 1203(6) of title I of the Omnibus Crime Con- trol and Safe Streets Act of 1968, referred to in subsec. (b)(5)(B), was successively renumbered and redesignated as section 1204(8) of the Act, which is classified to sec- tion 10284(8) of Title 34, Crime Control and Law En- forcement. The date of enactment of the Jury Selection and Service Act of 1968, referred to in subsec. (c), is the date of enactment of Pub. L. 90–274, which was approved Mar. 27, 1968. AMENDMENTS 1992—Subsec. (b)(2). Pub. L. 102–572 inserted at end ‘‘The plan for the district of Massachusetts may re- quire 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.’’ 1988—Subsec. (b)(5). Pub. L. 100–702, § 802(b), des- ignated existing provisions as subpar. (A), inserted ‘‘ex- cept as provided in subparagraph (B),’’, and added sub- par. (B). Subsec. (b)(6). Pub. L. 100–702, § 802(b), amended par. (6) generally. Prior to amendment, par. (6) read as fol- lows: ‘‘specify those groups of persons or occupational classes whose members shall be barred from jury serv- ice on the ground that they are exempt. Such groups or classes shall be exempt only if the district court finds, and the plan states, that their exemption is in the pub- lic interest and would not be inconsistent with sections 1861 and 1862 of this title. The plan shall provide for ex- emption of the following persons: (i) members in active service in the Armed Forces of the United States; (ii) members of the fire or police departments of any State, district, territory, possession, or subdivision thereof; (iii) public officers in the executive, legislative, or judi- cial branches of the Government of the United States, or any State, district, territory, or possession or sub- division thereof, who are actively engaged in the per- formance of official duties.’’ 1978—Subsec. (b)(7) to (9). Pub. L. 95–572 struck out par. (7) relating to random jury selection plan provision for fixing the distance, in miles or in travel time, from each place of holding court beyond which prospective jurors residing should, on individual request, be ex- cused from jury service on the ground of undue hard- ship in traveling to the place where court was held, now incorporated in definition of ‘‘undue hardship or extreme inconvenience’’ in section 1869(j) of this title, and redesignated pars. (8) and (9) as (7) and (8), respec- tively. 1972—Subsec. (b)(4). Pub. L. 92–269 inserted provisions requiring the master jury wheel to be emptied and re- filled in not greater than four years intervals. Page 470 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 1864 1968—Subsec. (a). Pub. L. 90–274 substituted provi- sions requiring a written plan covering the random se- lection of jurors by each United States District Court and the adoption, review, and modification of the plan for provisions authorizing district judges to exclude or excuse for good cause persons called as jurors. Subsec. (b). Pub. L. 90–274 substituted provisions set- ting out the nine required features of a plan for random jury selection, including management by commission or clerk, selection from voter registration lists, de- tailed procedures for selecting names, a master jury wheel, excused or exempted groups, maximum dis- tances of travel, disclosure of names, and procedures for assigning jurors drawn from the jury wheel to par- ticular grand and petit jury panels, for provisions au- thorizing the district court to excuse, for the public in- terests, classes or groups upon a finding that such jury service would entail undue hardship, extreme inconven- ience, or serious obstruction or delay in the fair and impartial administration of justice. Subsec. (c). Pub. L. 90–274 substituted provisions cov- ering the transmittal of the plan to a reviewing panel and the modification thereof for provisions prohibiting the exclusion of any citizen from juror service on ac- count of race or color. Subsec. (d). Pub. L. 90–274 added subsec. (d). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–572 effective Jan. 1, 1993, see section 1101(a) of Pub. L. 102–572, set out as a note under section 905 of Title 2, The Congress. 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. REFILLING OF MASTER JURY WHEEL NOT LATER THAN SEPTEMBER 1, 1973; REFILLING OF QUALIFIED JURY WHEEL NOT LATER THAN OCTOBER 1, 1973; RETRO- ACTIVE EFFECT Pub. L. 92–269, §§ 3, 4, Apr. 6, 1972, 86 Stat. 117, pro- vided that each judicial district and each division or combination of divisions within a judicial district, for which a separate plan for random selection of jurors had been adopted pursuant to this section, other than the District of Columbia and the districts of Puerto Rico and the Canal Zone, would not later than Sept. 1, 1973, refill its master jury wheel with names obtained from the voter registration lists for, or the lists of ac- tual voters in, the 1972 general election. § 1864. Drawing of names from the master jury wheel; completion of juror qualification form (a) From time to time as directed by the dis- trict court, the clerk or a district judge shall draw at random from the master jury wheel the names of as many persons as may be required for jury service. The clerk or jury commission shall post a general notice for public review in the clerk’s office and on the court’s website ex- plaining the process by which names are periodi- cally and randomly drawn. The clerk or jury commission may, upon order of the court, pre- pare an alphabetical list of the names drawn from the master jury wheel. Any list so prepared shall not be disclosed to any person except pur- suant to the district court plan or pursuant to section 1867 or 1868 of this title. The clerk or jury commission shall mail to every person whose name is drawn from the master wheel a juror qualification form accompanied by in- structions to fill out and return the form, duly signed and sworn, to the clerk or jury commis- sion by mail within ten days. If the person is un- able to fill out the form, another shall do it for him, and shall indicate that he has done so and the reason therefor. In any case in which it ap- pears that there is an omission, ambiguity, or error in a form, the clerk or jury commission shall return the form with instructions to the person to make such additions or corrections as may be necessary and to return the form to the clerk or jury commission within ten days. Any person who fails to return a completed juror qualification form as instructed may be sum- moned by the clerk or jury commission forth- with to appear before the clerk or jury commis- sion to fill out a juror qualification form. A per- son summoned to appear because of failure to return a juror qualification form as instructed who personally appears and executes a juror qualification form before the clerk or jury com- mission may, at the discretion of the district court, except where his prior failure to execute and mail such form was willful, be entitled to receive for such appearance the same fees and travel allowances paid to jurors under section 1871 of this title. At the time of his appearance for jury service, any person may be required to fill out another juror qualification form in the presence of the jury commission or the clerk or the court, at which time, in such cases as it ap- pears warranted, the person may be questioned, but only with regard to his responses to ques- tions contained on the form. Any information thus acquired by the clerk or jury commission may be noted on the juror qualification form and transmitted to the chief judge or such dis- trict court judge as the plan may provide. (b) Any person summoned pursuant to sub- section (a) of this section who fails to appear as directed shall be ordered by the district court forthwith to appear and show cause for his fail- ure to comply with the summons. Any person who fails to appear pursuant to such order or who fails to show good cause for noncompliance with the summons may be fined not more than $1,000, imprisoned not more than three days, or- dered to perform community service, or any combination thereof. Any person who willfully misrepresents a material fact on a juror quali- fication form for the purpose of avoiding or se- curing service as a juror may be fined not more than $1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof. (June 25, 1948, ch. 646, 62 Stat. 952; Pub. L. 90–274, § 101, Mar. 27, 1968, 82 Stat. 57; Pub. L. 100–702, title VIII, § 803(a), Nov. 19, 1988, 102 Stat. 4658; Pub. L. 110–406, §§ 5(a), 17(a), Oct. 13, 2008, 122 Stat. 4292, 4295.) HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §§ 412, 412a (Mar. 3, 1911, ch. 231, § 276, 36 Stat. 1164; Feb. 3, 1917, ch. 27, 39