§ 1864. — Drawing of names from the master jury wheel; completion of juror qualification form.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1864]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 121--JURIES; TRIAL BY JURY
Sec. 1864. Drawing of names from the master jury wheel;
completion of juror qualification form
(a) From time to time as directed by the district court, the clerk
or a district judge shall publicly 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 may, upon order of the court, prepare an
alphabetical list of the names drawn from the master jury wheel. Any
list so prepared shall not be disclosed to any person except pursuant 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 instructions to fill out and return the form, duly signed
and sworn, to the clerk or jury commission by mail within ten days. If
the person is unable 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 appears 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 summoned by the clerk or jury
commission forthwith to appear before the clerk or jury commission to
fill out a juror qualification form. A person 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 commission 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
appears warranted, the person may be questioned, but only with regard to
his responses to questions 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 district
court judge as the plan may provide.
(b) Any person summoned pursuant to subsection (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 failure 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 $100 or imprisoned not more than three days, or both. Any
person who willfully misrepresents a material fact on a juror
qualification form for the purpose of avoiding or securing service as a
juror may be fined not more than $100 or imprisoned not more than three
days, or both.
(June 25, 1948, ch. 646, 62 Stat. 952; Pub. L. 90-274, Sec. 101, Mar.
27, 1968, 82 Stat. 57; Pub. L. 100-702, title VIII, Sec. 803(a), Nov.
19, 1988, 102 Stat. 4658.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 412, 412a (Mar. 3, 1911,
ch. 231, Sec. 276, 36 Stat. 1164; Feb. 3, 1917, ch. 27, 39 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 unnecessary. This is a matter that may safely be
left to the discretion of the court.
The last paragraph was added in conformity with section 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., Sec. 412a, was
also a source of this section. Accordingly such act was included by
Senate amendment in the schedule of repeals. See 80th Congress Senate
Report No. 1559.
Amendments
1988--Subsec. (a). Pub. L. 100-702 amended second sentence
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 pursuant
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
misrepresentation of material facts for provisions requiring the drawing
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 alternate placement of names by the clerk and the
commissioner.
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.
Section Referred to in Other Sections
This section is referred to in section 1869 of this title.
