|
U.S. Code as of:
01/19/04
Section 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 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 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 (!1)) 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.
|
|