Anyone you desire to recommend for jury service should not be too old and be in good health. It is also not necessary that they be members of your organization. Jurors are paid $10.00 a day plus mileage of 10¢ a mile. Terms for petit jury service are usually for a two week period. Thank you in advance for your kind assistance to our problem. We make no limit to the number of persons you may recommend, and you may use the reverse side of this letter for your recommendations if you so desire. An envelope which requires no postage is enclosed for your reply. Yours very truly, JAMES H. WALLACE, Jr., Clerk. UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA QUESTIONNAIRE FOR PROSPECTIVE JURORS Please answer the following questions (type or print) and return in the enclosed envelope which requires no postage. Your answers are for the use of the Court. 9. Have you ever been known by any other name or names?_. If so, state fully----- 10. Are you or have you ever been a member of, or affiliated with any group or organizations, knowing the purpose thereof, which advocates the overthrow of the United States Government by force or violence?_. 11. Can you read, write and understand English?_. 12. State your education background__ 14. Have you ever served as a juror? Court?____. If so, when, and in what If so, state nature__ 15. Do you have any physical or mental impairments which would interfere with your serving as a juror?__. 16. Are your hearing and eyesight good?_ What is the condition of your health generally?. What is the name of your Doctor?_. 17. Have you or immediate members of your family employed any attorney?. If so, state reason. 18. Have you ever been involved in any automobile accidents?. If so, state when?. Were you injured? 19. Have you ever been a party in a law suit?. . If so, type?.. 20. Have you ever been convicted of an offense in a State or Federal Court?__ If so, give details____ 21. Do you know of any reason why you cannot serve as an impartial juror?. If so, state reason_. I solemnly affirm that the answers to the foregoing questions are true and correct to the best of my knowledge and belief. DATE:__ SIGNED_ (Signature in own handwriting) NOTE. THIS IS NOT A SUMMONS FOR JURY SERVICE. If you are chosen for Service, you will receive a summons by certified mail for the time and place at which to appear. Hon. SAM J. ERVIN, Jr., U.S. Senator, U.S. DISTRICT COURTS, EASTERN AND WESTERN DISTRICTS OF ARKANSAS, Senate Office Building, Washington, D.C. DEAR SENATOR ERVIN: This will acknowledge receipt of your letter of July 1 with enclosures as therein stated. I assume that you addressed a similar letter to Judge John E. Miller or to Judge Oren Harris, or to both of them, dealing with the matter of jury selection in the Western District of Arkansas. Hence, in replying to your letter I will confine myself to the Eastern District; however, there is no substantial difference in the methods which prevail in the two districts as far as the selection of grand and petit jurors is concerned. The Eastern District of Arkansas consists of five Divisions, namely: the Jonesboro Division, the Northern or Batesville Division; the Eastern or Helena Division; the Western or Little Rock Division; and in the Pine Bluff Division. With regard to the Pine Bluff Division, there are at present no facilities for holding federal court in Pine Bluff. Pine Bluff cases are heard at Little Rock, and for jury purposes the Western and the Pine Bluff Divisions may be considered as one. Jury boxes, each containing the requisite number of names, are maintained for the Jonesboro, Northern, Eastern, and Little Rock-Pine Bluff Divisions, and there are four jury commissioners, one for each Division, who, along with the Clerk, select names of qualified jurors to be placed in the respective boxes. In each of the Divisions names of prospective jurors are suggested to the Clerk and the Commissioner by so-called “sponsors" or "key men," who are individuals of good judgment and of wide acquaintanceship in their respective areas. Prior to trial sessions the Court issues an order that a certain number of names be drawn from the box for jury services; the drawing is in public and the names are drawn at random. When the name of an individual is suggested to the Clerk or to the Commissioner, the person in question is mailed a questionnaire touching upon his qualifications to serve as a juror and inquiring whether he has any excuse to offer why he should not serve if called. Two specimens of the questionnaire are enclosed. If it is determined that the prospective juror possesses the requisite qualifications and has no valid excuse, his name is placed in the box and he is thereafter subject to call if drawn. The individuals who names are placed in the box must possess the minimum qualifications prescribed by 28 U.S.C.A., § 1861, as amended by section 152 of the Civil Rights Act of 1957, P.L. 85-315, 71 Stat. 638. In addition, the Clerk, Commissioners, and "key men" seek to have placed in the box the names of persons possessing that degree of intelligence, judgment, experience, and respon sibility which historically has been deemed absolutely necessary if the jury system is to work. It is recognized in this District that qualified jurors can be found in all walks and stations of life, and that no single race of people has a monopoly on juror qualifications. In selecting our jurors we try to obtain persons who represent a broad cross section of the population of the area and to avoid any racial discrimination. We do not, of course, undertake to give every race and segment of the population "proportional representation." As far as Negroes are concerned, it has not been my observation that they have been discriminated against in the selection of jurors; nor have I observed that Negro litigants, whether civil or criminal, have failed to receive fair treatment at the hands of our juries. With regard to my views on Titles I and II of S. 3296 which is the Senate version of the Administration's bill for an Act to be known as "The Civil Rights Act of 1966," I will say first that I heartily endorse the proposed increase of compensation of jurors. The present rate of compensation is too low to compensate many wage earners and hourly workers for their loss of time from their regular employment, and many of them simply cannot afford jury service. Aside from that, I am generally opposed to both Titles of the proposed Act. As to Title I, I am particularly opposed to the “at random" selection of jurors which, in effect, will make the minimum qualifications to be found in the proposed revision of 28 U.S.C.A., § 1866, the maximum qualifications of jurors. I am also opposed to some of the technical or mechanical provisions which I consider to be unnecessary and unduly burdensome. For example, I think that the requirement that there be not less than 2,000 names in the master jury boxes is not realistic when applied to small divisions, such as the Northern Division of this District. We have maintained jury boxes containing not less than 300 names and have had no difficulty in obtaining sufficient numbers of qualified jurors. With respect to Title II, I am opposed to it to the extent that my objections to Title I are applicable to the later Title. Additionally, I seriously question the desirability of the Federal Government undertaking to dictate to the States how their juries are to be selected, and to the extent that Title II imposes requirements above and beyond the anti-discrimination requirements of the 14th Amendment, I think that we all recognize that grave Constitutional problems exist. I have not undertaken in this letter to state my views about S. 3296 in any detail because I have not had a chance to study the measure at length. I have simply undertaken to give you the specific information which you requested and to state my position about the bill in a nutshell. I noted with interest what you had to say in your statement at the commencement of the Hearings about H.R. 5460 and its relation to S. 3296. It would be much appreciated if you would supply me with a copy of H.R. 5460. With high personal regards, I am, Sincerely, 7. Are you a citizen of the United States?__ 8. Can you read, write, speak, and understand the English language?. 9. If naturalized, state when__. 10. What education have you had?. 11. Are you employed at present?. 12. Nature of business?_ 13. Employer's name.. 14. Business address_ (Where)- (Occupation). 15. a. If you are married, give occupation of wife or husband b. If you are a married woman, give occupation before marriage c. If you are retired, or not working, give last occupation__. 16. Have you ever been convicted of a crime?__ If so, state date, court and crime_-_. 17. Have you ever served as a juror?______ If so, in what Court?. and when? 18. Have you any disability impairing your capacity to serve as a juror, including impaired eyesight or hearing? If so, state its nature and extent. (Yes or No) 19. Do you know any reason why you cannot serve as a juror?____ If so, state reason fully under remarks. Remarks: I certify that the foregoing statements are true to the best of my knowledge and belief. Date: XX Signature U.S. DISTRICT COURT, DISTRICT OF WYOMING, Cheyenne, Wyo., July 12, 1966. Hon. SAM J. ERVIN, Jr., Washington, D.C. DEAR SENATOR: I am in receipt of your letter of July 1, 1966, enclosing copies of S. 3296 and you ask that I make comments concerning the desirability of the proposed legislation and the changes it will require in our present operation. First. let me state that Wyoming is a single judge, single district court, comprising twenty-three counties and 97,000 square miles, with a total population of 330,000. Section 1864 (e) provides that the master jury wheel shall contain the names of persons residing in all counties within the judicial district. According to Section 1865 (a) the jurors shall appear before the Clerk to fill out the juror qualification form, which will mean that the jurors residing in Teton, Park, Crook, Campbell, Big Horn and Sheridan counties will have to travel a distance of 500 miles to the seat of the court, or a round trip of 1,000 miles. Are these prospective jurors who have to travel this distance to fill out the form to be paid mileage and per diem, or must they do so at their own expense? For your information I am enclosing a copy of Form AO 112 (Rev.), Summons for Petit Juror, which is sent to the jurors when their names are drawn and they are required to complete the form on the back and bring it with them when they report for jury service. We use approximately 120 petit and grand jurors every two years. Section 1864 (b) provides that the jury commission shall in no event place the names of fewer than 2,000 persons in the master wheel. This will mean that in Wyoming every two years we will have drawn the names of approximately 120 persons and emptied the wheel of the balance. At the present time we have on our jury panel members of all nationalities and races, including colored, Japanese, and Spanish Americans, which, in my opinion, is a complete cross-section of all the citizens of this state. We draw the jurors who attend the sessions held at Cheyenne, the seat of the court, from four counties and within 100 miles of the seat of the court. We also hold court once a year at Casper, in the central part of the state, and in Sheridan, in the northern part of the state, and draw jurors from within 100 miles of the place where the court is being held. The proposed legislation would be expensive and, in my opinion, would not improve the jury panels in Wyoming. The Wyoming docket is up to date and litigants can have their cases tried in as short a time as thirty or sixty days after filing. Our present jury system has worked well for the 76 years of statehood and I trust it will not be disrupted. Sincerely yours, EWING T. KERR, This notice, filled in properly in your own handwriting, must be brought with you when you appear in court at the time specified Have you served as a juror in any court during the past year?_ If so, when and in what court? Have you any disability or physical condition which would impair your capacity to serve as a juror? Have you ever been convicted of a criminal offense? If so, give particulars-_ (Signature of juror) This portion of form is for use of U.S. marshal and should be disregarded by Received this summons on 2 juror 19-, and executed it on 1 19----, by (personal service upon the person named therein) (sending a copy by [certified] [registered] mail to the person named therein at his usual [residence] [business] address. The addressee's receipt for the' [certified] [registered] summons is attached hereto). 2 the You are hereby summoned to appear in the United States District Court for at room in in the city 19, at District of on- the United States Courthouse, at of-o'clock to serve as a petit juror during a term of the court to commence 1. Jurors are entitled to receive for their service the fees and mileage allowed by law, unless they fail to notify the court, on receipt of the notice, that they have a valid reason for being excused, as required in paragraph number 4. 2. Failure to attend in accordance with this summons is punishable by fine or imprisonment. 3. The marshal has no control over the jury lists, and cannot excuse any person from jury duty. 4. If you have moved out of this judicial district, or if you are physically unable to attend court at the time and place specified, or if you believe you have a valid reason for being excused, you should immediately notify the court by mail, giving a full statement of the facts. Failure to give such notice will prevent you from receiving fees and mileage for the day on which you are excused, unless the reason for being excused arose too late to permit prior notification to the court. 5. Unless you receive a communication from the court excusing you from service, you must attend as directed in this summons. Hon. SAM J. ERVIN, Jr., U.S. DISTRICT COURT, Chairman, Subcommittee on Constitutional Rights, MY DEAR SENATOR: When I received your letter of July 1st I was quite busy with Court and trials, and, in addition to being busy with those things, I felt that there was someone better qualified than myself to answer the questions contained in your letter. I, therefore, took the liberty of forwarding your letter and the bill to Michael Keller, Jr., the Clerk of our Court, who is thoroughly familiar and has been for years with our selection of jurors in this District. |