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U.S. Code as of:
01/19/04
Section 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 publicly 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 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 summonses 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 summons 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 addressee 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 section 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 selection plan so authorizes, upon a
showing of undue hardship or extreme inconvenience, for such period
as the court deems necessary, at the conclusion of which such
person either shall be summoned again for jury service under
subsections (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 qualified jury wheel for selection pursuant to
subsection (a) of this section, or (2) excluded by the court on the
ground that such person may be unable 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 otherwise adversely affect the integrity of jury
deliberations. 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 inconsistent
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 period, specified in the plan,
between two consecutive fillings of the master jury wheel. The
names of persons excluded under clause (5) of this subsection,
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 another
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 provided 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 prospective service as a petit juror for
a total of more than thirty days, except when necessary to complete
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 specified in the plan, in a manner ordered
by the court consistent with sections 1861 and 1862 of this title.
(g) Any person summoned for jury service who fails to appear as
directed shall be ordered by the district court to appear forthwith
and show cause for his failure to comply with the summons. Any
person who fails to show good cause for noncompliance with a
summons may be fined not more than $100 or imprisoned not more than
three days, or both.
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