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U.S. Code as of:
01/19/04
Section 1867. Challenging compliance with selection procedures
(a) In criminal cases, before the voir dire examination begins,
or within seven days after the defendant discovered or could have
discovered, by the exercise of diligence, the grounds therefor,
whichever is earlier, the defendant may move to dismiss the
indictment or stay the proceedings against him on the ground of
substantial failure to comply with the provisions of this title in
selecting the grand or petit jury.
(b) In criminal cases, before the voir dire examination begins,
or within seven days after the Attorney General of the United
States discovered or could have discovered, by the exercise of
diligence, the grounds therefor, whichever is earlier, the Attorney
General may move to dismiss the indictment or stay the proceedings
on the ground of substantial failure to comply with the provisions
of this title in selecting the grand or petit jury.
(c) In civil cases, before the voir dire examination begins, or
within seven days after the party discovered or could have
discovered, by the exercise of diligence, the grounds therefor,
whichever is earlier, any party may move to stay the proceedings on
the ground of substantial failure to comply with the provisions of
this title in selecting the petit jury.
(d) Upon motion filed under subsection (a), (b), or (c) of this
section, containing a sworn statement of facts which, if true,
would constitute a substantial failure to comply with the
provisions of this title, the moving party shall be entitled to
present in support of such motion the testimony of the jury
commission or clerk, if available, any relevant records and papers
not public or otherwise available used by the jury commissioner or
clerk, and any other relevant evidence. If the court determines
that there has been a substantial failure to comply with the
provisions of this title in selecting the grand jury, the court
shall stay the proceedings pending the selection of a grand jury in
conformity with this title or dismiss the indictment, whichever is
appropriate. If the court determines that there has been a
substantial failure to comply with the provisions of this title in
selecting the petit jury, the court shall stay the proceedings
pending the selection of a petit jury in conformity with this
title.
(e) The procedures prescribed by this section shall be the
exclusive means by which a person accused of a Federal crime, the
Attorney General of the United States or a party in a civil case
may challenge any jury on the ground that such jury was not
selected in conformity with the provisions of this title. Nothing
in this section shall preclude any person or the United States from
pursuing any other remedy, civil or criminal, which may be
available for the vindication or enforcement of any law prohibiting
discrimination on account of race, color, religion, sex, national
origin or economic status in the selection of persons for service
on grand or petit juries.
(f) The contents of records or papers used by the jury commission
or clerk in connection with the jury selection process shall not be
disclosed, except pursuant to the district court plan or as may be
necessary in the preparation or presentation of a motion under
subsection (a), (b), or (c) of this section, until after the master
jury wheel has been emptied and refilled pursuant to section
1863(b)(4) of this title and all persons selected to serve as
jurors before the master wheel was emptied have completed such
service. The parties in a case shall be allowed to inspect,
reproduce, and copy such records or papers at all reasonable times
during the preparation and pendency of such a motion. Any person
who discloses the contents of any record or paper in violation of
this subsection may be fined not more than $1,000 or imprisoned not
more than one year, or both.
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