82 STAT. 59 Penalty. 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 shall be ordered by the district court to appear forthwith and show cause for his 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 $100 or imprisoned not more than three days, or both. "§ 1867. Challenging compliance with selection procedures "(a) 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. "(b) 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 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. "(c) 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. "(d) 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. "(e) 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 82 STAT. 60. with the provisions of this title. Nothing in this section shall preclude Discrimination, any person or the United States from pursuing any other remedy, civil prohibition. 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. "(f) The contents of records or papers used by the jury commission Nondisclosure or clerk in connection with the jury selection process shall not be dis- of records or closed, except pursuant to the district court plan or as may be neces- papers. sary 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 Penalty. in violation of this subsection may be fined not more than $1,000 or imprisoned not more than one year, or both. "§ 1868. Maintenance and inspection of records "After the master jury wheel is emptied and refilled pursuant to Availability section 1863 (b) (4) of this title, and after all persons selected to serve for four-year as jurors before the master wheel was emptied have completed such period. service, all records and papers compiled and maintained by the jury commission or clerk before the master wheel was emptied shall be preserved in the custody of the clerk for four years or for such longer period as may be ordered by a court, and shall be available for public inspection for the purpose of determining the validity of the selection 82 STAT. 61 79 Stat. 437. 42 USC 1473 note. 76A Stat. 1. "§ 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 or any authorized deputy clerk; "(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 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: Provided, That for purposes of sections 1861, 1862, 1866 (c) and (d), and 1867 of this chapter, these terms shall include the District of Columbia Court of General Sessions and the Juvenile Court of the District of Columbia; "(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, 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 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 by pardon or amnesty. The form shall request, but not require, the race and occupation of a potential juror and any other matter 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 also shall 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 race, color, religion, national origin, economic status, or occupation is not a prerequisite to his qualification for jury service, and that such information need not be furnished if the person finds it objectionable to do so; "(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." FEES 82 STAT. 62 SEC. 102. (a) Section 1871 of title 28, United States Code, is 79 Stat. 645. amended by substituting "$20" for "$10" and "$25" for "$14" in the second paragraph, "$16" for "$10" in the third paragraph, and "$20” for "$10" in the fourth paragraph, and by substituting in the third paragraph "10 cents per mile, plus the amount expended for tolls, for toll roads, for toll tunnels, and for toll bridges" for "10 cents per mile" in the two instances such language occurs, and by adding at the end of that section a new paragraph as follows: "Grand and petit jurors in the district courts for the districts of Guam and the Canal Zone shall receive the same fees and allowances provided in this section for grand and petit jurors in other district courts of the United States." (b) Section 1821 of title 28, United States Code, is amended by 70 Stat. 798. substituting "$20" for "$4", "10 cents" for "8 cents", and "$16" for "$8", and by adding at the end of that section a new paragraph as follows: "Witnesses in the district courts for the districts of Canal Zone, Guam, and the Virgin Islands shall receive the same fees and allowances provided in this section for witnesses in other district courts of the United States." AMENDMENT AND REPEAL SEC. 103. (a) Sections 13-701, 11-2301 through 11-2305 (except the last paragraph of section 11-2302), 11-2307 through 11-2312 of the District of Columbia Code, and section 2 of the Act entitled "An 77 Stat. 517, Act to increase the fee of jurors in condemnation proceedings instituted 505. by the District of Columbia", approved July 30, 1951 (D.C. Code, sec. 7-213a), are repealed. 65 Stat. 126. (b) Section 11-2306 of the District of Columbia Code is amended 77 Stat. 507. to read as follows: "§ 11-2306. Manner of drawing "(a) If the United States attorney for the District of Columbia certifies in writing to the chief judge of the district court, or, in his absence, to the presiding judge, that the exigencies of the public service require it, the judge may, in his discretion, order an additional grand jury summoned, which shall be drawn at such time as he designates. Unless sooner discharged by order of the chief judge, or, in his absence, the presiding judge, the additional grand jury shall 82 STAT, 63 33 Stat. 736. 77 Stat. 572. 41 Stat. 560. 76A Stat. 69, 308, 373, 516. "(b) The jury commission for the United States District Court for the District of Columbia shall draw from the qualified jury wheel from time to time as may be required the names of persons to serve as jurors in the District of Columbia Court of General Sessions and the juvenile court of the District of Columbia, and such persons shall be assigned to jury panels in the Court of General Sessions and the juvenile court as those courts shall direct." (c) Section 1608 (j) of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, 7-318), is amended by deleting the following: "and five dollars per day for each juror for the services of each when actually employed". sec. (d) Section 16-1312 of the District of Columbia Code is amended by substituting "section 1865 of title 28, United States Code" for "Section 11-2301, and who, in addition, are owners of real property in the District" in subsection (a) (1), and by substituting "chapter 121 of title 28, United States Code" for "chapter 23 of title 11" in subsection (c). (e) Section 16-1357 of the District of Columbia Code is amended by striking out the phrase "are real property owners in the District and". (f) Section 213 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901 (D.C. Code, sec. 22-1414), is amended by inserting the words "or wheel" immediately following the word "box" each time it appears therein. (g) Section 44 of the Act of March 2, 1917, to provide a civil government for Puerto Rico (39 Stat. 966; 48 Ú.S.C. 867) and sections 471 and 472 (b) of title 3, sections 452, 453, and 2562 (a) of title 5, and sections 4093 through 4106 and 4108 through 4117 of title 6, Canal Zone Code, are repealed. Subsection (b) of section 2562 of title 5, Canal Zone Code, is redesignated as subsection (a) and amended by substituting "$10" for "$2" and "section 1821, title 28, United States Code" for "subsection (a) of this section". Subsections (c) and (d) of section 2562 of title 5, Canal Zone Code, are redesignated as subsections (b) and (c) thereof. EFFECTIVE DATE SEC. 104. This Act shall become effective two hundred and seventy days after the date of enactment: Provided, That this Act shall not apply in any case in which an indictment has been returned or petit jury empaneled prior to such effective date. Approved March 27, 1968. LEGISLATIVE HISTORY: HOUSE REPORT No. 1076 (Comm. on the Judiciary CONGRESSIONAL RECORD: Vol. 113 (1967): Deo. 8, considered and passed Senate. Feb. 26, considered and passed House, amended. |