§ 1865. — Qualifications for jury service.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1865]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 121--JURIES; TRIAL BY JURY
Sec. 1865. Qualifications for jury service
(a) The chief judge of the district court, or such other district
court judge as the plan may provide, on his initiative or upon
recommendation of the clerk or jury commission, or the clerk under
supervision of the court if the court's jury selection plan so
authorizes, shall determine solely on the basis of information provided
on the juror qualification form and other competent evidence whether a
person is unqualified for, or exempt, or to be excused from jury
service. The clerk shall enter such determination in the space provided
on the juror qualification form and in any alphabetical list of names
drawn from the master jury wheel. If a person did not appear in response
to a summons, such fact shall be noted on said list.
(b) In making such determination the chief judge of the district
court, or such other district court judge as the plan may provide, or
the clerk if the court's jury selection plan so provides, shall deem any
person qualified to serve on grand and petit juries in the district
court unless he--
(1) is not a citizen of the United States eighteen years old who
has resided for a period of one year within the judicial district;
(2) is unable to read, write, and understand the English
language with a degree of proficiency sufficient to fill out
satisfactorily the juror qualification form;
(3) is unable to speak the English language;
(4) is incapable, by reason of mental or physical infirmity, to
render satisfactory jury service; or
(5) has a charge pending against him for the commission of, or
has been convicted in a State or Federal court of record of, a crime
punishable by imprisonment for more than one year and his civil
rights have not been restored.
(June 25, 1948, ch. 646, 62 Stat. 952; Pub. L. 90-274, Sec. 101, Mar.
27, 1968, 82 Stat. 58; Pub. L. 92-269, Sec. 1, Apr. 6, 1972, 86 Stat.
117; Pub. L. 95-572, Sec. 3(a), Nov. 2, 1978, 92 Stat. 2453; Pub. L.
100-702, title VIII, Sec. 803(b), Nov. 19, 1988, 102 Stat. 4658; Pub. L.
106-518, title III, Sec. 305, Nov. 13, 2000, 114 Stat. 2418.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Secs. 181, 413 (Mar. 3, 1911,
ch. 231, Secs. 100, 277, 36 Stat. 1121, 1164).
Section consolidates a part of section 181 with section 413 of title
28, U.S.C., 1940 ed. Other provisions of said section 181 are
incorporated in section 115 of this title.
Word ``jurors'' was changed to ``grand and petit jurors'' upon
authority of Agnew v. United States, 1897, 17 S.Ct. 235, 165 U.S. 36, 41
L.Ed. 624, construing such term to include both types of jurors.
The last sentence of subsection (a) was added to conform with
existing practice in many districts. Subsection (b) extends to all
districts a provision of section 181 of title 28, U.S.C., 1940 ed.,
which was designed for the convenience of the districts in Ohio and
permitted jurors drawn for service at Cleveland, Toledo, and Columbus to
serve at Youngstown, Lima, and Steubenville, respectively.
Changes were made in phraseology.
Amendments
2000--Subsec. (a). Pub. L. 106-518, Sec. 305(1), inserted ``or the
clerk under supervision of the court if the court's jury selection plan
so authorizes,'' after ``jury commission,''.
Subsec. (b). Pub. L. 106-518, Sec. 305(2), inserted ``or the clerk
if the court's jury selection plan so provides,'' after ``may provide,''
in introductory provisions.
1988--Subsec. (a). Pub. L. 100-702 substituted ``in any
alphabetical'' for ``the alphabetical''.
1978--Subsec. (b)(5). Pub. L. 95-572 struck out ``by pardon or
amnesty'' after ``civil rights have not been restored''.
1972--Subsec. (b)(1). Pub. L. 92-269 substituted ``eighteen years
old'' for ``twenty-one years old''.
1968--Subsec. (a). Pub. L. 90-274 substituted provisions for the
excusing of persons from jury service by the chief judge of the district
court or by other district court judge for provisions requiring the
selection of jurors so as to be most favorable to an impartial trial and
so as to minimize the expense and burden of jury service.
Subsec. (b). Pub. L. 90-274 substituted provisions setting out the
conditions of ineligibility for jury service for provisions authorizing
the service of jurors in a place within the district other than the
place for which the jurors were summoned.
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.
Section Referred to in Other Sections
This section is referred to in sections 1866, 1876 of this title.
