28 U.S.C. § 1867 — Challenging compliance with selection procedures
submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 637 words · no verdicts yet
This section provides the exclusive procedures for challenging substantial failures to follow Federal jury-selection rules. It sets deadlines, available evidence, possible court orders, record-disclosure limits, and penalties for unlawful disclosure.
(a) In a criminal case, before voir dire begins or within 7 days after the defendant discovered or could have discovered the grounds through diligence, whichever is earlier, the defendant may ask to dismiss the indictment or pause the case because of a substantial failure to follow this title in selecting the grand or petit jury.
(b) In a criminal case, before voir dire begins or within 7 days after the United States Attorney General discovered or could have discovered the grounds through diligence, whichever is earlier, the Attorney General may ask to dismiss the indictment or pause the case because of such a substantial failure.
(c) In a civil case, before voir dire begins or within 7 days after a party discovered or could have discovered the grounds through diligence, whichever is earlier, any party may ask to pause the case because of such a substantial failure in selecting the petit jury.
(d) A motion under subsection (a), (b), or (c) must include a sworn statement of facts that, if true, would show a substantial failure. The moving party may then present testimony from the jury commission or clerk if available, relevant nonpublic or otherwise unavailable records and papers used by them, and any other relevant evidence. If the court finds a substantial failure in selecting the grand jury, it must pause the case until a compliant grand jury is selected or dismiss the indictment, as appropriate. If it finds such a failure in selecting the petit jury, it must pause the case until a compliant petit jury is selected.
(e) These procedures are the exclusive way a person accused of a Federal crime, the United States Attorney General, or a civil-case party may challenge a jury for not being selected under this title. But this section does not prevent a person or the United States from pursuing another available civil or criminal remedy to enforce a law barring discrimination based on race, color, religion, sex, national origin, or economic status in selecting grand or petit jurors.
(f) The contents of records or papers used in jury selection may not be disclosed, except under the district court* plan or as needed to prepare or present a motion under subsection (a), (b), or (c), until the master jury wheel has been emptied and refilled under § 1863(b)(4) and everyone selected before it was emptied has finished service. Parties may inspect, reproduce, and copy those records or papers at all reasonable times while preparing and pursuing such a motion. A person who unlawfully discloses their contents may be fined up to $1,000, imprisoned up to 1 year, or both.
In criminal cases, before the voir dire examination begins, or within seven days after the defendant discovered or could have discovered, by the exercise of diligence, the grounds therefor, whichever is earlier, the defendant may move to dismiss the indictment or stay the proceedings against him on the ground of substantial failure to comply with the provisions of this title in selecting the grand or petit jury.
In criminal cases, before the voir dire examination begins, or within seven days after the Attorney General of the United States discovered or could have discovered, by the exercise of diligence, the grounds therefor, whichever is earlier, the Attorney General may move to dismiss the indictment or stay the proceedings on the ground of substantial failure to comply with the provisions of this title in selecting the grand or petit jury.
In civil cases, before the voir dire examination begins, or within seven days after the party discovered or could have discovered, by the exercise of diligence, the grounds therefor, whichever is earlier, any party may move to stay the proceedings on the ground of substantial failure to comply with the provisions of this title in selecting the petit jury.
Upon motion filed under subsection (a), (b), or (c) of this section, containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with the provisions of this title, the moving party shall be entitled to present in support of such motion the testimony of the jury commission or clerk, if available, any relevant records and papers not public or otherwise available used by the jury commissioner or clerk, and any other relevant evidence. If the court determines that there has been a substantial failure to comply with the provisions of this title in selecting the grand jury, the court shall stay the proceedings pending the selection of a grand jury in conformity with this title or dismiss the indictment, whichever is appropriate. If the court determines that there has been a substantial failure to comply with the provisions of this title in selecting the petit jury, the court shall stay the proceedings pending the selection of a petit jury in conformity with this title.
The procedures prescribed by this section shall be the exclusive means by which a person accused of a Federal crime, the Attorney General of the United States or a party in a civil case may challenge any jury on the ground that such jury was not selected in conformity with the provisions of this title. Nothing in this section shall preclude any person or the United States from pursuing any other remedy, civil or criminal, which may be available for the vindication or enforcement of any law prohibiting discrimination on account of race, color, religion, sex, national origin or economic status in the selection of persons for service on grand or petit juries.
The contents of records or papers used by the jury commission or clerk in connection with the jury selection process shall not be disclosed, except pursuant to the district court* plan or as may be necessary in the preparation or presentation of a motion under subsection (a), (b), or (c) of this section, until after the master jury wheel has been emptied and refilled pursuant to section 1863(b)(4) of this title and all persons selected to serve as jurors before the master wheel was emptied have completed such service. The parties in a case shall be allowed to inspect, reproduce, and copy such records or papers at all reasonable times during the preparation and pendency of such a motion. Any person who discloses the contents of any record or paper in violation of this subsection may be fined not more than $1,000 or imprisoned not more than one year, or both.
Source credit: (June 25, 1948, ch. 646, 62 Stat. 953; Pub. L. 85–259, Sept. 2, 1957, 71 Stat. 583; Pub. L. 90–274, § 101, Mar. 27, 1968, 82 Stat. 59.)
- 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 953
- 1957Amended · Pub. L. 85-259 · 71 Stat. 583
- 1968Amended · Pub. L. 90-274 · 82 Stat. 59
A history note hasn’t been published yet. The record shows enactment by ch. 646 on 1948-06-25.
all 0 arguments · sorted by: best
no arguments yet — make the first case