§ 1869. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1869]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART V--PROCEDURE
CHAPTER 121--JURIES; TRIAL BY JURY
Sec. 1869. Definitions
For purposes of this chapter--
(a) ``clerk'' and ``clerk of the court'' shall mean the clerk of
the district court of the United States, any authorized deputy
clerk, and any other person authorized by the court to assist the
clerk in the performance of functions under this chapter;
(b) ``chief judge'' shall mean the chief judge of any district
court of the United States;
(c) ``voter registration lists'' shall mean the official records
maintained by State or local election officials of persons
registered to vote in either the most recent State or the most
recent Federal general election, or, in the case of a State or
political subdivision thereof that does not require registration as
a prerequisite to voting, other official lists of persons qualified
to vote in such election. The term shall also include the list of
eligible voters maintained by any Federal examiner pursuant to the
Voting Rights Act of 1965 where the names on such list have not been
included on the official registration lists or other official lists
maintained by the appropriate State or local officials. With respect
to the districts of Guam and the Virgin Islands, ``voter
registration lists'' shall mean the official records maintained by
territorial election officials of persons registered to vote in the
most recent territorial general election;
(d) ``lists of actual voters'' shall mean the official lists of
persons actually voting in either the most recent State or the most
recent Federal general election;
(e) ``division'' shall mean: (1) one or more statutory divisions
of a judicial district; or (2) in statutory divisions that contain
more than one place of holding court, or in judicial districts where
there are no statutory divisions, such counties, parishes, or
similar political subdivisions surrounding the places where court is
held as the district court plan shall determine: Provided, That each
county, parish, or similar political subdivision shall be included
in some such division;
(f) ``district court of the United States'', ``district court'',
and ``court'' shall mean any district court established by chapter 5
of this title, and any court which is created by Act of Congress in
a territory and is invested with any jurisdiction of a district
court established by chapter 5 of this title;
(g) ``jury wheel'' shall include any device or system similar in
purpose or function, such as a properly programed electronic data
processing system or device;
(h) ``juror qualification form'' shall mean a form prescribed by
the Administrative Office of the United States Courts and approved
by the Judicial Conference of the United States, which shall elicit
the name, address, age, race, occupation, education, length of
residence within the judicial district, distance from residence to
place of holding court, prior jury service, and citizenship of a
potential juror, and whether he should be excused or exempted from
jury service, has any physical or mental infirmity impairing his
capacity to serve as juror, is able to read, write, speak, and
understand the English language, has pending against him any charge
for the commission of a State or Federal criminal offense punishable
by imprisonment for more than one year, or has been convicted in any
State or Federal court of record of a crime punishable by
imprisonment for more than one year and has not had his civil rights
restored. The form shall request, but not require, any other
information not inconsistent with the provisions of this title and
required by the district court plan in the interests of the sound
administration of justice. The form shall also elicit the sworn
statement that his responses are true to the best of his knowledge.
Notarization shall not be required. The form shall contain words
clearly informing the person that the furnishing of any information
with respect to his religion, national origin, or economic status is
not a prerequisite to his qualification for jury service, that such
information need not be furnished if the person finds it
objectionable to do so, and that information concerning race is
required solely to enforce nondiscrimination in jury selection and
has no bearing on an individual's qualification for jury service.
(i) ``public officer'' shall mean a person who is either elected
to public office or who is directly appointed by a person elected to
public office;
(j) ``undue hardship or extreme inconvenience'', as a basis for
excuse from immediate jury service under section 1866(c)(1) of this
chapter, shall mean great distance, either in miles or traveltime,
from the place of holding court, grave illness in the family or any
other emergency which outweighs in immediacy and urgency the
obligation to serve as a juror when summoned, or any other factor
which the court determines to constitute an undue hardship or to
create an extreme inconvenience to the juror; and in addition, in
situations where it is anticipated that a trial or grand jury
proceeding may require more than thirty days of service, the court
may consider, as a further basis for temporary excuse, severe
economic hardship to an employer which would result from the absence
of a key employee during the period of such service;
(k) ``publicly draw'', as referred to in sections 1864 and 1866
of this chapter, shall mean a drawing which is conducted within the
district after reasonable public notice and which is open to the
public at large under the supervision of the clerk or jury
commission, except that when a drawing is made by means of
electronic data processing, ``publicly draw'' shall mean a drawing
which is conducted at a data processing center located in or out of
the district, after reasonable public notice given in the district
for which juror names are being drawn, and which is open to the
public at large under such supervision of the clerk or jury
commission as the Judicial Conference of the United States shall by
regulation require; and
(l) ``jury summons'' shall mean a summons issued by a clerk of
court, jury commission, or their duly designated deputies,
containing either a preprinted or stamped seal of court, and
containing the name of the issuing clerk imprinted in preprinted,
type, or facsimile manner on the summons or the envelopes
transmitting the summons.
(June 25, 1948, ch. 646, 62 Stat. 953; Pub. L. 88-139, Sec. 2, Oct. 16,
1963, 77 Stat. 248; Pub. L. 90-274, Sec. 101, Mar. 27, 1968, 82 Stat.
61; Pub. L. 91-358, title I, Sec. 172(b), July 29, 1970, 84 Stat. 590;
Pub. L. 92-437, Sec. 1, Sept. 29, 1972, 86 Stat. 740; Pub. L. 95-572,
Secs. 3(b), 4, Nov. 2, 1978, 92 Stat. 2453; Pub. L. 95-598, title II,
Sec. 243, Nov. 6, 1978, 92 Stat. 2671; Pub. L. 99-650, Sec. 3, Nov. 14,
1986, 100 Stat. 3641; Pub. L. 100-702, title VIII, Secs. 802(a), 804,
Nov. 19, 1988, 102 Stat. 4657, 4658.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 423 (Mar. 3, 1911, ch.
231, Sec. 286, 36 Stat. 1166). Changes were made in phraseology.
References in Text
The Voting Rights Act of 1965, referred to in subsec. (c), is Pub.
L. 89-110, Aug. 6, 1965, 79 Stat. 437, as amended, which is classified
generally to subchapters I-A (Sec. 1973 et seq.), I-B (Sec. 1973aa et
seq.), and I-C (Sec. 1973bb et seq.) of chapter 20 of Title 42, The
Public Health and Welfare. For complete classification of this Act to
the Code, see Short Title note set out under section 1971 of Title 42
and Tables.
Amendments
1988--Subsec. (a). Pub. L. 100-702, Sec. 802(a), amended subsec. (a)
generally, substituting ``, any authorized deputy clerk, and any other
person authorized by the court to assist the clerk in the performance of
functions under this chapter'' for ``or any authorized deputy clerk''.
Subsec. (f). Pub. L. 100-702, Sec. 804, amended subsec. (f)
generally. Prior to amendment, subsec. (f) read as follows: `` `district
court of the United States', `district court', and `court' shall mean
courts constituted under chapter 5 of title 28, United States Code,
section 22 of the Organic Act of Guam, as amended (64 Stat. 389; 48
U.S.C. 1424), section 21 of the Revised Organic Act of the Virgin
Islands (68 Stat. 506; 48 U.S.C. 1611), and section 1 of title 3, Canal
Zone Code;;''.
1986--Subsec. (f). Pub. L. 99-650 struck out ``except that for
purposes of sections 1861, 1862, 1866(c), 1866(d), and 1867 of this
chapter such terms shall include the Superior Court of the District of
Columbia'' after ``Canal Zone Code;''.
1978--Subsec. (f). Pub. L. 95-598 directed the amendment of subsec.
(f) by inserting ``chapter 6 of title 28, United States Code,'' after
``chapter 5 of title 28, United States Code,'', which amendment did not
become effective pursuant to section 402(b) of Pub. L. 95-598, as
amended, set out as an Effective Date note preceding section 101 of
Title 11, Bankruptcy.
Subsec. (h). Pub. L. 95-572, Sec. 3(b), struck out ``by pardon or
amnesty'' after ``civil rights restored''.
Subsecs. (j) to (l). Pub. L. 95-572, Sec. 4, added subsecs. (j) to
(l).
1972--Subsec. (h). Pub. L. 92-437 added race and occupation to the
particulars to be elicited on the juror qualification form, in
provisions distinguishing between information to be requested and
information to be required, struck out ``race and occupation of a
potential juror'', and in information to be contained in the form,
struck out ``race, color'' and ``occupation'' from the particulars, and
required additional material to be contained in the form that
information concerning race is required solely to enforce
nondiscrimination in jury selection and that it has no bearing on an
individual's qualification for jury service.
1970--Subsec. (f). Pub. L. 91-358 substituted reference to the
Superior Court of the District of Columbia for references to the
District of Columbia Court of General Sessions and the Juvenile Court of
the District of Columbia.
1968--Pub. L. 90-274 substituted provisions defining ``clerk'',
``clerk of the court'', ``chief judge'', ``voter registration lists'',
``list of actual voters'', ``division'', ``district court'', ``jury
wheel'', ``juror qualification form'', and ``public officer'' for
provisions allowing the challenge of a petit juror who had been summoned
and attended court as a petit juror at any session held within one year
prior to the challenge.
1963--Pub. L. 88-139 substituted ``session'' for ``term''.
Effective Date of 1986 Amendment
Section 4(a) of Pub. L. 99-650 provided in part that: ``The
provisions of this Act [amending this section] shall take effect 180
days after the date of enactment of this Act [Nov. 14, 1986]''.
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 1972 Amendment
Section 2 of Pub. L. 92-437 provided that: ``This Act [amending this
section] shall take effect on the sixtieth day after the date of its
enactment [Sept. 29, 1972].''
Effective Date of 1970 Amendment
Amendment by Pub. L. 91-358 effective first day of seventh calendar
month which begins after July 29, 1970, see section 199(a) of Pub. L.
91-358, set out as a note under section 1257 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.
Termination of United States District Court for the District of the
Canal Zone
For termination of the United States District Court for the District
of the Canal Zone at end of the ``transition period'', being the 30-
month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982,
see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and
sections 2101 and 2201 to 2203 of Pub. L. 96-70, title II, Sept. 27,
1979, 93 Stat. 493, formerly classified to sections 3831 and 3841 to
3843, respectively, of Title 22, Foreign Relations and Intercourse.
