ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

28 U.S.C. § 1869 — Definitions

submitted 78 years ago by ch. 646 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 902 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines terms used in this chapter, including court personnel, voter lists, divisions, courts, jury systems and forms, public officers, hardship, and jury summonses. The definitions include detailed requirements for jury qualification forms and election lists.

For this chapter:

(a) “Clerk” and “clerk of the court” mean the United States district court clerk, an authorized deputy clerk, or another person the court authorizes to help the clerk perform functions under this chapter. This section defines the quoted terms here.

(b) “Chief judge” means the chief judge of a United States district court.

(c) “Voter registration lists” means official records kept by State or local election officials of people registered to vote in the most recent State or Federal general election. In a State or political subdivision that does not require registration before voting, it means other official lists of people qualified to vote in that election. It also includes a list of eligible voters kept by a Federal examiner under the Voting Rights Act of 1965 when those names are not on the official State or local lists. In Guam and the Virgin Islands, it means official records kept by territorial election officials of people registered to vote in the most recent territorial general election.

(d) “Lists of actual voters” means official lists of people who actually voted in the most recent State or Federal general election.

(e) “Division” means (1) one or more statutory divisions of a judicial district; or (2) in a statutory division with more than one courthouse, or in a judicial district without statutory divisions, the counties, parishes, or similar political subdivisions around the courthouses, as the district court plan determines. Each county, parish, or similar subdivision must be included in one of these divisions.

(f) “District court of the United States,” “district court,” and “court” mean a district court established by chapter 5 of this title, or a court created by Act of Congress in a territory and given any jurisdiction of a chapter 5 district court.

(g) “Jury wheel” includes any device or system with a similar purpose or function, such as a properly programmed electronic data-processing system or device.

(h) “Juror qualification form” means the form prescribed by the Administrative Office of the United States Courts and approved by the Judicial Conference of the United States. The form must ask for a potential juror’s name, address, age, race, occupation, education, length of residence in the district, distance from home to the courthouse, prior jury service, and citizenship. It must also ask whether the person should be excused or exempted, has a physical or mental condition impairing jury service, can read, write, speak, and understand English, has a pending State or Federal criminal charge punishable by more than 1 year in prison, or has been convicted in a State or Federal court of record of a crime punishable by more than 1 year and has not had civil rights restored. The form must request, but may not require, other information consistent with this title and required by the district court plan for sound justice administration. It must also obtain the person’s sworn statement that the answers are true to the best of the person’s knowledge. Notarization is not required. The form must clearly say that giving information about religion, national origin, or economic status is not required to qualify for jury service, that a person need not give such information if it is objectionable, and that race information is required only to enforce nondiscrimination in jury selection and does not affect qualification.

(i) “Public officer” means a person elected to public office or directly appointed by someone elected to public office.

(j) “Undue hardship or extreme inconvenience,” as a reason to excuse immediate jury service under § 1866(c)(1), means great distance in miles or travel time from the courthouse, serious illness in the family, another emergency that is more immediate and urgent than the duty to serve when summoned, or another factor the court finds creates undue hardship or extreme inconvenience for the juror. If a trial or grand-jury proceeding is expected to require more than 30 days, the court may also consider severe economic hardship to an employer caused by a key employee’s absence during service as a reason for temporary excuse.

(k) “Jury summons” means a summons issued by a court clerk, jury commission, or authorized deputy. It must have a preprinted or stamped court seal and the issuing clerk’s name printed on the summons or the envelopes transmitting it, using preprinted, typed, or facsimile text.

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

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; and

(k)

“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.

Source credit: (June 25, 1948, ch. 646, 62 Stat. 953; Pub. L. 88–139, § 2, Oct. 16, 1963, 77 Stat. 248; Pub. L. 90–274, § 101, Mar. 27, 1968, 82 Stat. 61; Pub. L. 91–358, title I, § 172(b), July 29, 1970, 84 Stat. 590; Pub. L. 92–437, § 1, Sept. 29, 1972, 86 Stat. 740; Pub. L. 95–572, §§ 3(b), 4, Nov. 2, 1978, 92 Stat. 2453; Pub. L. 95–598, title II, § 243, Nov. 6, 1978, 92 Stat. 2671; Pub. L. 99–650, § 3, Nov. 14, 1986, 100 Stat. 3641; Pub. L. 100–702, title VIII, §§ 802(a), 804, Nov. 19, 1988, 102 Stat. 4657, 4658; Pub. L. 110–406, § 5(c), Oct. 13, 2008, 122 Stat. 4292.)

history & why it existsrecord from the source credit
  • 1948Enacted · Act of June 25, 1948, ch. 646 · 62 Stat. 953
  • 1963Amended · Pub. L. 88-139 · 77 Stat. 248
  • 1968Amended · Pub. L. 90-274 · 82 Stat. 61
  • 1970Amended · Pub. L. 91-358 · 84 Stat. 590
  • 1972Amended · Pub. L. 92-437 · 86 Stat. 740
  • 1978Amended · Pub. L. 95-572 · 92 Stat. 2453
  • 1978Amended · Pub. L. 95-598 · 92 Stat. 2671
  • 1986Amended · Pub. L. 99-650 · 100 Stat. 3641
  • 1988Amended · Pub. L. 100-702 · 102 Stat. 4657, 4658
  • 2008Amended · Pub. L. 110-406 · 122 Stat. 4292

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

0/280

no arguments yet — make the first case