§ 1863. — Plan for random jury selection.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1863]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 121--JURIES; TRIAL BY JURY
Sec. 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.
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\1\ See References in Text note below.
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(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.
(June 25, 1948, ch. 646, 62 Stat. 952; Pub. L. 90-274, Sec. 101, Mar.
27, 1968, 82 Stat. 54; Pub. L. 92-269, Sec. 2, Apr. 6, 1972, 86 Stat.
117; Pub. L. 95-572, Sec. 2(a), Nov. 2, 1978, 92 Stat. 2453; Pub. L.
100-702, title VIII, Sec. 802(b), (c), Nov. 19, 1988, 102 Stat. 4657,
4658; Pub. L. 102-572, title IV, Sec. 401, Oct. 29, 1992, 106 Stat.
4511.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940, ed., Sec. 415 (Mar. 3, 1911, ch.
231, Sec. 278, 36 Stat. 1165).
Subsections (a) and (b) are new and merely declaratory of existing
practice.
The phrase ``or previous condition of servitude'' was omitted as
obsolete.
Changes were made in phraseology.
References in Text
Section 1203(6) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968, referred to in subsec. (b)(5)(B), was redesignated
section 1203(7) of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 by Pub. L. 107-196, Sec. 2(a)(1), June 24, 2002, 116 Stat.
719, and is classified to section 3796b(7) of Title 42, The Public
Health and Welfare.
The date of enactment of the Jury Selection and Service Act of 1968,
referred to in subsec. (c), is the date of enactment of Pub. L. 90-274,
which was approved Mar. 27, 1968.
Amendments
1992--Subsec. (b)(2). Pub. L. 102-572 inserted at end ``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.''
1988--Subsec. (b)(5). Pub. L. 100-702, Sec. 802(b), designated
existing provisions as subpar. (A), inserted ``except as provided in
subparagraph (B),'', and added subpar. (B).
Subsec. (b)(6). Pub. L. 100-702, Sec. 802(b), amended par. (6)
generally. Prior to amendment, par. (6) read as follows: ``specify those
groups of persons or occupational classes whose members shall be barred
from jury service on the ground that they are exempt. Such groups or
classes shall be exempt only if the district court finds, and the plan
states, that their exemption is in the public interest and would not be
inconsistent with sections 1861 and 1862 of this title. The plan shall
provide for exemption of the following persons: (i) members in active
service in the Armed Forces of the United States; (ii) members of the
fire or police departments of any State, district, territory,
possession, or subdivision thereof; (iii) public officers in the
executive, legislative, or judicial branches of the Government of the
United States, or any State, district, territory, or possession or
subdivision thereof, who are actively engaged in the performance of
official duties.''
1978--Subsec. (b)(7) to (9). Pub. L. 95-572 struck out par. (7)
relating to random jury selection plan provision for fixing the
distance, in miles or in travel time, from each place of holding court
beyond which prospective jurors residing should, on individual request,
be excused from jury service on the ground of undue hardship in
traveling to the place where court was held, now incorporated in
definition of ``undue hardship or extreme inconvenience'' in section
1869(j) of this title, and redesignated pars. (8) and (9) as (7) and
(8), respectively.
1972--Subsec. (b)(4). Pub. L. 92-269 inserted provisions requiring
the master jury wheel to be emptied and refilled in not greater than
four years intervals.
1968--Subsec. (a). Pub. L. 90-274 substituted provisions requiring a
written plan covering the random selection 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 setting out the
nine required features of a plan for random jury selection, including
management by commission or clerk, selection from voter registration
lists, detailed procedures for selecting names, a master jury wheel,
excused or exempted groups, maximum distances of travel, disclosure of
names, and procedures for assigning jurors drawn from the jury wheel to
particular grand and petit jury panels, for provisions authorizing the
district court to excuse, for the public interests, classes or groups
upon a finding that such jury service would entail undue hardship,
extreme inconvenience, or serious obstruction or delay in the fair and
impartial administration of justice.
Subsec. (c). Pub. L. 90-274 substituted provisions covering 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 account of race or color.
Subsec. (d). Pub. L. 90-274 added subsec. (d).
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 actually 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;
Retroactive Effect
Sections 3 and 4 of Pub. L. 92-269 provided that:
``Sec. 3. (a) Each judicial district and each division or
combination of divisions within a judicial district, for which a
separate plan for random selection of jurors has been adopted pursuant
to section 1863 of title 28, United States Code, other than the District
of Columbia and the districts of Puerto Rico and the Canal Zone, shall
not later than September 1, 1973, refill its master jury wheel with
names obtained from the voter registration lists for, or the lists of
actual voters in, the 1972 general election.
``(b) The District of Columbia and the judicial districts of Puerto
Rico and the Canal Zone shall not later than September 1, 1973, refill
their master jury wheels from sources which include the names of persons
eighteen years of age or older.
``(c) The qualified jury wheel in each judicial district, and in
each division or combination of divisions in a judicial district for
which a separate plan for random selection of jurors has been adopted,
shall be refilled from the master jury wheel not later than October 1,
1973.
``Sec. 4. (a) Nothing in this Act amending this section and section
1865 of this title shall affect the composition of any master jury wheel
or qualified jury wheel prior to the date on which it is first refilled
in compliance with the terms of section 3.
``(b) Nothing in this Act shall affect the composition or preclude
the service of any jury empaneled on or before the date on which the
qualified jury wheel from which the jurors' names were drawn is refilled
in compliance with the provisions of section 3.''
Section Referred to in Other Sections
This section is referred to in sections 1866, 1867, 1868 of this
title.
