28 U.S.C. § 1862 — Discrimination prohibited

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