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28 U.S.C. § 1866 — Selection and summoning of jury panels

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 970 words · no verdicts yet

in plain englishAI-generated · not legal advice

The jury commission or clerk must maintain a qualified jury wheel, randomly draw jurors, and issue summonses. The section limits disqualification and service, permits specified exclusions and emergency summonses, and sets penalties for failing to appear.

(a) The jury commission, or the clerk if there is no commission, must maintain a qualified jury wheel. It must put into it the names of people drawn from the master jury wheel who are qualified and not exempt or excused under the district court plan. Periodically, it must randomly draw as many names as needed for grand and petit jury panels. The clerk or commission must post a public notice in the clerk’s office and on the court website explaining this periodic random-drawing process. It must prepare a separate list for each grand and petit jury panel.

(b) When the court orders a grand or petit jury drawn, the clerk or commission, or designated deputies, must issue the needed summonses. A person may be served personally or by registered, certified, or first-class mail sent to the person’s usual home or business address. For personal service, the clerk or commission delivers the summons to the marshal, who serves it. For service by mail, the marshal, clerk, commission, or designated deputies may serve it and must make an affidavit of service; a receipt for a registered or certified summons must be attached.

(c) Except as provided in 28 U.S.C. § 1865 or in a jury-selection-plan provision adopted under § 1863(b)(5) or (6), no person or class may be disqualified, excluded, excused, or exempted from jury service. A summoned person may nevertheless be (1) excused by the court, or by the clerk under court supervision if the plan permits, after showing “undue hardship or extreme inconvenience” (this section does not define the quoted term), for the time the court finds necessary; afterward the person must be summoned again under subsections (b) and (c), or, if the plan allows, the name must be put back in the qualified jury wheel under subsection (a); (2) excluded by the court because the person may be unable to serve impartially or service would likely disrupt the proceedings; (3) excluded by a lawful peremptory challenge; (4) excluded under the lawful procedure for a party’s challenge for good cause; or (5) excluded because the court finds service would likely threaten proceeding secrecy or otherwise harm the integrity of jury deliberations. A person may not be excluded under clause (5) unless the judge decides in open court that exclusion is warranted and consistent with §§ 1861 and 1862. Clause (5) exclusions may not exceed 1 percent of people who return completed qualification forms between the two master-wheel fillings specified in the plan. The names and detailed reasons must immediately go to the circuit judicial council. The council may issue prospective or retroactive orders to correct misuse of clause (5), but otherwise those exclusions cannot be challenged under this title. A person excluded from one jury under clause (2), (3), or (4) may serve on another if the original reason would not affect service on that other jury.

(d) Whenever someone is disqualified, excused, exempted, or excluded, the commission or clerk must record the specific reason on the qualification form or juror card.

(e) During any 2-year period, no person may be required to (1) serve or attend court as a prospective petit juror for more than 30 total days, except as needed to finish a particular case; (2) serve on more than one grand jury; or (3) serve as both a grand and petit juror.

(f) If an unexpected shortage of available petit jurors drawn from the qualified wheel occurs, the court may require the marshal to randomly summon enough petit jurors from voter-registration lists, actual-voter lists, or other lists named in the plan, using a method the court orders that is consistent with §§ 1861 and 1862.

(g) A summoned person who does not appear as directed may be ordered by the district court to appear immediately and explain the failure to obey the summons. A person who lacks good cause may be fined up to $1,000, imprisoned for up to 3 days, ordered to perform community service, or given any combination of these penalties.

the actual law source: uscode.house.gov ↗public domain
(a)

The jury commission, or in the absence thereof the clerk, shall maintain a qualified jury wheel and shall place in such wheel names of all persons drawn from the master jury wheel who are determined to be qualified as jurors and not exempt or excused pursuant to the district court plan. From time to time, the jury commission or the clerk shall draw at random from the qualified jury wheel such number of names of persons as may be required for assignment to grand and petit jury panels. The clerk or jury commission shall post a general notice for public review in the clerk’s office and on the court’s website explaining the process by which names are periodically and randomly drawn. The jury commission or the clerk shall prepare a separate list of names of persons assigned to each grand and petit jury panel.

(b)

When the court orders a grand or petit jury to be drawn, the clerk or jury commission or their duly designated deputies shall issue summonses for the required number of jurors.

Each person drawn for jury service may be served personally, or by registered, certified, or first-class mail addressed to such person at his usual residence or business address.

If such service is made personally, the summons shall be delivered by the clerk or the jury commission or their duly designated deputies to the marshal who shall make such service.

If such service is made by mail, the summons may be served by the marshal or by the clerk, the jury commission or their duly designated deputies, who shall make affidavit of service and shall attach thereto any receipt from the addressee for a registered or certified summons.

(c)

Except as provided in section 1865 of this title or in any jury selection plan provision adopted pursuant to paragraph (5) or (6) of section 1863(b) of this title, no person or class of persons shall be disqualified, excluded, excused, or exempt from service as jurors: Provided, That any person summoned for jury service may be (1) excused by the court, or by the clerk under supervision of the court if the court’s jury selection plan so authorizes, upon a showing of undue hardship or extreme inconvenience, for such period as the court deems necessary, at the conclusion of which such person either shall be summoned again for jury service under subsections (b) and (c) of this section or, if the court’s jury selection plan so provides, the name of such person shall be reinserted into the qualified jury wheel for selection pursuant to subsection (a) of this section, or (2) excluded by the court on the ground that such person may be unable to render impartial jury service or that his service as a juror would be likely to disrupt the proceedings, or (3) excluded upon peremptory challenge as provided by law, or (4) excluded pursuant to the procedure specified by law upon a challenge by any party for good cause shown, or (5) excluded upon determination by the court that his service as a juror would be likely to threaten the secrecy of the proceedings, or otherwise adversely affect the integrity of jury deliberations. No person shall be excluded under clause (5) of this subsection unless the judge, in open court, determines that such is warranted and that exclusion of the person will not be inconsistent with sections 1861 and 1862 of this title. The number of persons excluded under clause (5) of this subsection shall not exceed one per centum of the number of persons who return executed jury qualification forms during the period, specified in the plan, between two consecutive fillings of the master jury wheel. The names of persons excluded under clause (5) of this subsection, together with detailed explanations for the exclusions, shall be forwarded immediately to the judicial council of the circuit, which shall have the power to make any appropriate order, prospective or retroactive, to redress any misapplication of clause (5) of this subsection, but otherwise exclusions effectuated under such clause shall not be subject to challenge under the provisions of this title. Any person excluded from a particular jury under clause (2), (3), or (4) of this subsection shall be eligible to sit on another jury if the basis for his initial exclusion would not be relevant to his ability to serve on such other jury.

(d)

Whenever a person is disqualified, excused, exempt, or excluded from jury service, the jury commission or clerk shall note in the space provided on his juror qualification form or on the juror’s card drawn from the qualified jury wheel the specific reason therefor.

(e)

In any two-year period, no person shall be required to (1) serve or attend court for prospective service as a petit juror for a total of more than thirty days, except when necessary to complete service in a particular case, or (2) serve on more than one grand jury, or (3) serve as both a grand and petit juror.

(f)

When there is an unanticipated shortage of available petit jurors drawn from the qualified jury wheel, the court may require the marshal to summon a sufficient number of petit jurors selected at random from the voter registration lists, lists of actual voters, or other lists specified in the plan, in a manner ordered by the court consistent with sections 1861 and 1862 of this title.

(g)

Any person summoned for jury service who fails to appear as directed may be ordered by the district court to appear forthwith and show cause for failure to comply with the summons. Any person who fails to show good cause for noncompliance with a summons may be fined not more than $1,000, imprisoned not more than three days, ordered to perform community service, or any combination thereof.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 952; May 24, 1949, ch. 179, § 96, 63 Stat. 103; Pub. L. 90–274, § 101, Mar. 27, 1968, 82 Stat. 58; Pub. L. 91–543, Dec. 11, 1970, 84 Stat. 1408; Pub. L. 95–572, § 2(b), Nov. 2, 1978, 92 Stat. 2453; Pub. L. 97–463, § 2, Jan. 12, 1983, 96 Stat. 2531; Pub. L. 100–702, title VIII, § 801, Nov. 19, 1988, 102 Stat. 4657; Pub. L. 110–406, §§ 4, 5(b), 17(b), Oct. 13, 2008, 122 Stat. 4292, 4295.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 952
  • 1949Amended · Act of May 24, 1949, ch. 179 · 63 Stat. 103
  • 1968Amended · Pub. L. 90-274 · 82 Stat. 58
  • 1970Amended · Pub. L. 91-543 · 84 Stat. 1408
  • 1978Amended · Pub. L. 95-572 · 92 Stat. 2453
  • 1983Amended · Pub. L. 97-463 · 96 Stat. 2531
  • 1988Amended · Pub. L. 100-702 · 102 Stat. 4657
  • 2008Amended · Pub. L. 110-406 · 122 Stat. 4292, 4295

A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.

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