28 U.S.C. § 1864 — Drawing of names from the master jury

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 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’’.