Jury Plan

IN UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI 

NO. WM 73-28

1997 AMENDMENT TO PLAN OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI, ALL DIVISIONS, FOR THE RANDOM SELECTION OF GRAND AND PETIT JURORS 

Pursuant to the Jury Selection and Service Act of 1968, 28 USC 1861
et seq. (1966 & Supp. 1996), as amended, the following amended plan
is hereby adopted by this court, subject to approval by a reviewing
panel and to such rules and regulations as may be adopted from time to
time by the Judicial Conference of the United States.

1. APPLICABILITY OF PLAN 

This plan is applicable to the Northern District of Mississippi which is
hereby divided for jury selection purposes into three jury divisions. Each
county within the District is included in one of the following jury divisions:

Eastern Division: Alcorn, Attala, Chickasaw, Choctaw, Clay, Itawamba,
Lee, Lowndes, Monroe, Oktibbeha, Prentiss, Tishomingo and Winston.

Western Division: Benton, Calhoun, DeSoto, Grenada, Lafayette,
Marshall, Montgomery, Panola, Pontotoc, Quitman, Tallahatchie, Tate,
Tippah, Tunica, Union, Webster and Yalobusha.

Greenville Division: Bolivar, Coahoma, Carroll, Humphreys, Leflore,
Sunflower and Washington.

2. POLICY DECLARATIONS 

It is hereby declared to be the policy of this court that all grand and petit
jurors chosen to serve are to be selected according to uniform,
independent federal qualifications. All litigants in this District or any jury
division thereof who are entitled to trial by jury have the right to a jury
chosen from a venire selected at random from a fair cross-section of the
entire community in the district, or applicable jury division. Persons
selected for jury service have an obligation to serve.

It is the purpose of the procedures herein set out to select impartial
jurors who are fairly chosen in such a manner that each of the political
subdivisions in each jury division of this court will be substantially
proportionately represented. Jurors are not to be chosen according to
the so-called "key man" or "suggester system" and there are to be no
so-called "blue ribbon" qualifications to serve as jurors. The
qualifications of jurors are to be determined only by competent,
objective evidence and prospective jurors are not to be disqualified,
exempted, excluded or excused on the basis of subjective evidence.

No citizen shall be excluded from service as a grand or petit juror in this
District Court, or any jury division thereof, on account of race, color,
religion, sex, national origin, or economic status.

3. MANAGEMENT AND SUPERVISION OF JURY SELECTION PROCESS 

The clerk of the court shall manage the jury selection process under the
supervision and control of the Chief Judge of this District. The phrase
"Chief Judge of this District" whenever used in this plan shall mean the
Chief Judge of this District, or in his absence, disability or inability to act,
the active District Court Judge who is present in the District and has
been in service the greatest length of time. Wherever the Jury Selection
and Service Act requires or authorizes the plan to designate a district
court judge to act instead of the Chief Judge, the above definition shall
apply and such active District Court Judge above mentioned is hereby
designated to act. The word "clerk" wherever used in this plan shall
mean the clerk and any or all of his deputies. There shall be no jury
commission.

4. RANDOM SELECTION FROM VOTER REGISTRATION LISTS 

Voter registration lists represent a fair cross-section of the community in
the Northern District of Mississippi. The rights of all citizens are
substantially protected by the use of such lists as the source of selection
of prospective jurors; therefore, no other source is proposed.
Accordingly, names of grand and petit jurors serving on or after the
effective date of this plan shall be selected at random from the voter
registration lists of all of the counties in the relevant jury division. For the
ascertainment of the voter registration list current in such counties, the
clerk shall rely upon and use the latest, up-to-date official poll books
maintained for each election district of such counties as may be in the
possession of the County Registrar. Such poll books constitute in this
District accurate and comprehensive compiled lists of all persons who
are, in fact, duly registered and qualified to vote in such county. The
clerk shall supplement such poll books, where necessary, to insure the
inclusion of all names of all persons having recently registered to vote up
to 30 days prior to the presidential general election in November.

This plan is based on the conclusion and judgment that the policy,
purpose and intent of the Jury Selection and Service Act of 1968 as
amended will be fully accomplished and implemented by use of voter
registration lists reflected by the most current election district poll books
as supplemented by the inclusion of subsequent registrants up to 30 days
prior to the presidential general election in November, the latest
practicable date as the source of an at random selection of prospective
grand and petit jurors who represent a fair cross-section of the
community. This determination is supported by all the information this
court has been able to obtain after diligent efforts on its part and after full
consultation with the Fifth Circuit Jury Working Committee and the
Judicial Council of the Fifth Circuit. In counties where manual name
selection procedure is necessary, the clerk is authorized to use personnel
of the circuit clerk's office to perform the task of counting, selecting and
transcribing names according to the selection formula described in this
plan.

5. MASTER JURY WHEELS 

The clerk shall maintain a separate master jury wheel for each of the
three jury divisions within the District.

The clerk shall make the random selection of names taken from the voter
registration lists as they appear on poll books for the master jury wheels
as follows. There shall be selected for the master jury wheel for each
jury division as a minimum approximately this number of names:

Eastern Division 12,000

Western Division 12,000

Greenville Division 12,000

These numbers are as large as they are to allow for the possibility that
some juror qualification forms, hereinmentioned, will not be returned,
that some prospective jurors may be disqualified by law, that some may
be exempted or excused under this plan, and also because of the need
for more prospective jurors due to the addition of a third District Judge
in this District. The physical form of record on which names for the
master wheels are kept may include labels or such electronic devices as
punch cards, magnetic tapes or disc files. If the above numbers are less
than one-half of one percent of the total number of registered voters for
the jury division, the court concludes that such percentage number of
names is unnecessary and cumbersome. The Chief Judge of this District
may order additional names to be placed in the master jury wheels from
time to time as necessary.

After ascertaining, as hereinabove provided, the total number of
registered voters for each jury division, the clerk shall divide that number
by the number of names to be selected for the master jury wheel from
that jury division. A certain quotient figure will be thereby produced for
each jury division. After determining the "quotient", the clerk shall
establish a starting number. This number will locate on the voter list(s),
or a data computers' tape, disc, or punched card record of such voter
lists, the first name to be selected. There shall be drawn from each of the
counties forming a particular jury division that percentage of names
which the number of registered voters in each county bears to the total
registered voters in such jury division. Two examples may be used to
demonstrate this procedure. If there are 138,072 registered voters in the
Eastern Jury Division, that number is to be divided by 12,000 (the
needed number of prospective jurors as above) to produce a quotient
figure of 17. The clerk shall then draw by lot from each county in the
jury division every 17th name on all the election districts' poll books of
said county (or on a data computer tape, disc, or punched card record
of such voter lists), such as the 17th, 34th, 51st, 68th, etc. name. The
number of names drawn shall be in direct proportion to the number of
registered voters in each such county as such number bears to the total
number of registered voters in the Eastern Jury Division. If there are in
Monroe County 15,600 registered voters, thus constituting 11% of the
registered voters in the Eastern Jury Division, then 11% of the 12,000
names to be drawn by lot for the entire Eastern Jury Division shall be
drawn from Monroe County. Again for example, if there are 65,437
registered voters in the Greenville Jury Division, that number will be
divided by 12,000 (the needed number of prospective jurors) to
produce the quotient of 8. The clerk shall then draw by lot from each
county in the Greenville Jury Division every 8th name on all the election
districts' poll books of such county (or on a data computer's tape, disc,
or punched card record of such voter lists), such as the 8th, 16th, 24th,
32nd, etc. names. The number of names drawn shall be in direct
proportion to the total of registered voters in each such county as such
number bears to the total number of registered voters in the Greenville
Jury Division. If there are in Washington County 23,833 registered
voters, constituting 37% of the registered voters in that whole division,
then 37% of the 12,000 names to be drawn for the Greenville Jury
Division shall be drawn from Washington County. In any case, should
the first drawing by use of the quotient number and multiples thereof, as
above provided, not produce enough names in a particular county or
counties to equal its proportionate share, then the clerk shall make a
second drawing by taking a number from 1 to the particular quotient
number, same to be selected by lot, and using such number for the
second drawing to the extent that it may be needed. For example, if on
such second drawing the clerk in the Eastern Jury Division draws by lot
the number 10, he shall pick the 10th name and each 17th name
thereafter, 10th, 27th, 44th, 61st, etc. In case in the second drawing a
particular number should result in a name which has been previously
drawn by lot on the first drawing, such name shall be ignored and the
name in the next multiple of that particular drawing, as for example 17,
shall be selected. After determining the total number of names needed
for the master jury wheel, the clerk may proceed through the use of a
properly programmed data computer or through a combination of
manual and computer methods to make the initial selection of names
from the list of voters in each county.

The master jury wheel shall be emptied and refilled every four years
between the date of the November presidential election and the
following March 31st.

6. SELECTING THE NAMES BY MACHINE METHOD 

This court finds that electronic data processing methods can be
advantageously used for selecting and copying names from the voter lists
of those larger counties that maintain these lists in machine readable
forms such as punch cards, magnetic tapes, or magnetic discs. It is
further found that in smaller counties currently maintaining their lists in
printed form, it may be advantageous to employ a combination of
methods whereby names are initially selected from the voter lists
manually and then recorded on punch cards and tapes for subsequent
handling and copying of those names by electronic machine methods.

Therefore, a properly programmed electronic data processing system or
a combination system employing both manual and electronic methods
may, at the clerk's option and after consultation with the Chief Judge, be
used to select master wheel names from voter lists of any and all
counties in the district, provided that the required proportions of names
for each county are maintained and that the above described "quotient"
and "starting number" formula is followed.

Similarly, this court has determined that an electronic data processing
system or a combination electronic and manual system may, at the
option of the clerk and the Chief Judge, be used to select names from
the qualified wheel of persons to be summoned to serve as grand and
petit jurors, and for the recording of names of prospective jurors on any
papers and records needed by the court to administer the selection, and
payment of jurors.

If the court elects to use the electronic machine methods in connection
with any or all of the district's voter records, source lists, master jury
wheels, or qualified jury wheels the name selection system shall be
planned and programmed according to a "starting number" and
"quotient" formula. If the court uses a manual system for drawing names
from any jury division's master or qualified wheels the names shall be
randomly drawn by lot.

7. DRAWING OF NAMES FROM THE MASTER JURY WHEEL:   COMPLETION OF JURY QUALIFICATION FORM 

From time to time as directed by the Chief Judge of this District, the
clerk shall publicly draw at random from the master jury wheel the
names of as many persons as may be required for jury service. The clerk
shall have prepared, by manual or computer means, a list of the names
drawn, which list shall not be disclosed to any person except pursuant to
§§ 1867 and 1868 of the Act. The clerk shall by manual or computer
means, prepare and have mailed to every person whose name is drawn
from the master jury wheel a juror qualification form accompanied by
instructions to fill out and return the form, duly signed and sworn, to the
clerk by mail within ten days. If the person is unable to fill out the form,
another person shall do it for him, and shall indicate that he has done so
and the reason therefor. In any case in which it appears that there is an
omission, ambiguity, or error in a form, the clerk shall return the form
with instructions to the person to make such additions or corrections as
may be necessary and to return the form to the clerk within ten days.
Any person who fails to return a completed juror qualification form as
instructed may be summoned by the clerk forthwith to appear before the
clerk to fill out a juror qualification form. A person summoned to appear
because of failure to return a juror qualification form as instructed who
personally appears and executes a juror qualification form before the
clerk may, at the discretion of the Chief Judge, except where such
person's prior failure to execute and mail such form was willful, be
entitled to receive for such appearance the same fees and travel
allowances paid to jurors under §1871 of the Act. At the time of his
appearance for jury service, any person may be required to fill out
another juror qualification form in the presence of the clerk, at which
time, in such cases as it appears warranted, the person may be
questioned, but only with regard to his responses to questions contained
on the form. Any information thus acquired by the clerk may be noted
on the juror qualification form and transmitted to the Chief Judge of this
District.

Any person summoned as above provided who fails to appear as
directed shall be ordered by said Chief Judge forthwith to appear and
show cause for his failure to comply with the summons. Any person who
fails to appear pursuant to such order or who fails to show good cause
for noncompliance with the summons may be fined not more than $100
or imprisoned not more than three days or both. Any person who
willfully misrepresents a material fact on a juror qualification form for the 

purpose of avoiding or securing service as a juror may be fined not more 

than $100 or imprisoned not more than three days, or both. 

8. DISQUALIFICATION FROM JURY SERVICE 

The court hereby finds in accordance with Section 1865(b) of the Act
that no person shall be qualified for jury service if he --

(1) is not a citizen of the United States, eighteen years old, and a
resident for a period of one year within the judicial district;

(2) is unable to read, write, and understand the English language with a
degree of proficiency sufficient to fill out satisfactorily the juror
qualification form;

(3) is unable to speak the English language;

(4) is incapable, by reason of mental or physical infirmity, to render
satisfactory jury service; or

(5) has a charge pending against him for the commission of, or has been
convicted in a State or Federal court of record of, a crime punishable by
imprisonment for more than one year and his civil rights have not been
restored.

9. EXEMPTION FROM JURY SERVICE 

The court hereby finds and states that it is in the public interest, and not
inconsistent with Sections 1861 and 1862 of the Act, to exempt certain
groups or occupational classes of persons, as follows:

(1) member in active service of the armed forces of the United States;

(2) members of the Fire or Police Departments of any State, District,
Territory, Possession or subdivision thereof;

(3) public officers in the executive, legislative, or judicial branches of the
government of the United States, or any State, District, Territory,
Possession or subdivision thereof who are actively engaged in the
performance of official duties (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).

10. EXCUSE FROM JURY SERVICE ON INDIVIDUAL REQUEST 

This court hereby finds and states that jury service by members of
certain groups or occupational classes of persons would entail undue
hardship and extreme inconvenience to the members thereof, and their
excuse from jury service, which is not inconsistent with §§ 1861 and
1862 of the Act, shall be granted, upon individual request and if desired,
to the following persons:

(1) all full-time ministers of religion engaged in the active discharge of
their ministerial duties;

(2) all actively practicing attorneys, physicians, dentists, optometrists,
pharmacists, and registered and licensed practical nurses;

(3) all persons over 70 years age at the time of executing the juror
qualification form;

(4) all persons who have served as a grand or petit juror in a state or
federal court within the past two years;

(5) all persons who were summoned twice for jury duty within the past
year and did not serve;

(6) persons whose services are so essential to the operation of business,
commercial or agricultural enterprise that it must close or cease to
function if they are required to perform jury duty;

(7) volunteer safety personnel or individuals serving a public agency in an
official capacity, without compensation, as firefighters or members of a
rescue squad or ambulance crew; and

(8) persons having active care and custody of a child or children under
10 years of age whose health and/or safety would be jeopardized by
their absence for jury service or a person who is essential to the care of
aged or infirmed persons.

Additionally, the court or the clerk of court may, in its discretion, excuse
persons summoned for jury service upon a showing of undue hardship,
extreme inconvenience, or other grounds of exclusion as set forth in
Section 1866 of the Act, for such period of time as the court may deem
necessary and proper.

11. DETERMINATION OF QUALIFICATIONS, EXEMPTIONS AND EXCUSES 

The Chief Judge of this District, on his initiative or upon the
recommendation of the clerk, shall determine solely on the basis of
information provided on the juror qualification form and other competent
evidence whether a person is unqualified for, or exempt, or to be
excused from jury service, as provided in this plan. The clerk shall enter
such determination in the space provided on the juror qualification form
and the numerical list of names drawn from the master jury wheel. If a
person does not appear in response to a summons, such fact shall be
noted on said list.

12. QUALIFIED JURY WHEEL 

The clerk shall also maintain separate qualified jury wheels for each jury
division in the District and he shall place in such wheels the names of all
persons drawn at random from the master jury wheels and not
disqualified, exempt, or excused pursuant to this plan. The clerk shall
insure that at all times at least 300 names are contained in each such
qualified jury wheel. The qualified jury wheel shall be emptied and
refilled pursuant to the procedure herein prescribed every four years
between the date of the November presidential general election and the
following June 30th.

13. DRAWING OF JURY PANELS 

From time to time the clerk, when ordered by a judge of this court, shall
publicly 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, and the clerk shall prepare a separate list of names of
persons assigned to each grand and petit jury panel. After such list is
prepared, the clerk may disclose the names thereon to attorneys of
record for parties having cases set for trial and to other members of the
bar who may request same two weeks prior to commencement of jury
service; provided, however, a District Judge of this District may at any
time or from time to time order generally, or with respect to any
particular term or terms of court, that these names be kept confidential in
any case when the interests of justice so require.

Should there occur an unanticipated shortage of available petit jurors, a
sufficient number of additional jurors shall be publicly drawn at random
by the clerk from the qualified jury wheel of the relevant jury division and
such persons whose names are so drawn shall be summoned by the
Marshal for jury duty as directed by the judge ordering the panel.

The clerk may, at his or her option and after consultation with the Chief
Judge, maintain qualified wheels for all Jury Divisions through use of
manual methods.

Whenever a qualified wheel is maintained on a data computer, the
persons to be summoned for a particular array will be selected by a
quotient arrived at by dividing the number of persons needed on the
array into the number of names in the qualified wheel. The clerk will
draw a starting number by lot and the computer center will be instructed
to follow the starting number and quotient in the machine selection of
those persons, and the reporting of their names and addresses on the
summons forms.

From time to time the clerk or deputy clerks, or the computer center, as
directed by the Order of Court, shall publicly draw at random from the
qualified jury wheel such number of names of persons as may be
required for assignment to grand and petit juries. Notice of the drawing
shall be placed on the bulletin board in the lobbies of the federal
courthouses at the appropriate jury divisions where the jurors are being
summoned. If the court decides to utilize automated data processing
equipment in the jury selection process, the public drawing requirement
shall apply only to the selection of a starting number and interval
("quotient") which shall govern the selection of juror names from the
original source lists. It shall not be deemed to require any public
observance of the actual computer operations.

In order to insure the exercise of proper supervision and management
over the automated aspects of jury selection and in accordance with
statutory requirements, this court shall comply with the following
procedures:

(1) The court shall issue to the operator of the computer facilities written
instructions describing the operations which shall be performed by the
computer equipment. Such instructions for random selection of grand
and petit jurors by data processing methods shall be available for
inspection by the public. 

(2) Upon the completion of the data processing work required of the
computer facilities, the court shall require the execution of an affidavit by
the agency providing the computer service. Such affidavit shall state
under penalty of perjury that the procedure set down by the court
governing the selection of its jurors has been fully met in the automated
phase of the selection process. 

(3) The clerk shall then receive into the permanent records of the court
the selection instructions to the computer facility and the affidavit by the
representative of the computer facility certifying compliance with the
same.

14. GRAND JURIES 

Inasmuch as our grand juries function on a district-wide basis, they shall
be drawn by a judge of this court, or the clerk, if so directed by a judge
of this court, by drawing a pro rata, or approximately pro rata, number
of names at random from the qualified jury wheels of each jury division
in the district, and the names so drawn shall be pooled and shall
constitute the grand jurors to report for duty.

14A. DISTRICT-WIDE PETIT JURIES 

Upon good cause having been shown by either party or on the court's
determination sua sponte that a petit jury panel should be drawn on a
district-wide basis and the court finding that a district-wide jury is
preferred due to notoriety of the offenses or parties involved or for other
reasons; the court may direct the clerk to draw a petit jury panel on a
district-wide basis, instead of a divisional jury panel. If a district-wide
jury panel is required, the clerk shall draw a pro rata, or approximately
pro rata, number of names at random from the qualified jury wheels of
each jury division in the district, and the names so drawn shall be pooled
and shall constitute the petit jurors to report for duty.

Table of Contents 

15. PROCEDURE IN EXCUSING AND ASSIGNING PERSONS  TO GRAND AND/OR PETIT JURY PANELS 

When only one judge requires the services of a jury panel, and has
ordered said panel drawn, that judge shall be responsible for excusing or
ruling on requests for excuses of jurors on that panel; provided, that by
agreement or in his absence another judge can assume this responsibility.

When more than one judge is utilizing the services of a jury panel, the
jury will be organized by the judge who is responsible for the sounding
of the docket, and said jury will report to that judge upon completion of
each case assigned.

The names of those jurors who have been excused from a panel for
hardships or extreme inconvenience reasons will be put back in the
qualified jury wheel where they will be subject to subsequent random
selection. The grand jury panel will be selected only from names drawn
from the qualified jury wheel on order of a district judge. The names of
those jurors excused from the grand jury for hardship or extreme
inconvenient reasons will be placed back in the qualified jury wheel.

When there is an excess of jurors present (e.g., grand jury) and their
presence is required for only one day, the court shall, in its discretion,
upon excusing the excess jurors, inform them that their names will be 

placed back in the qualified jury wheel, subject to subsequent random 

selection.

16. OTHER PROCEDURES 

This plan expressly incorporates herein all other procedures for jury
selection and service, not herein specifically provided for, as set forth in
Public Law 90-274, entitled "Jury Selection and Service Act of 1968",
and this court reserves all powers, authority, and discretion vested in it
by the terms of such Act.

17. DISCLOSURE OF RECORDS 

The contents of records or papers used by the clerk in connection with
the jury selection process shall not be disclosed to anyone except court
personnel at any time without the express consent of the Chief Judge of
this District except pursuant to §§ 1867 (a), (b), or (c) and 1868 of the
Act.

18. FORMS 

Juror qualification forms used in connection with the implementation of
this plan and the Jury Selection and Service Act of 1968 shall be those
prescribed by the Administrative Office of the United States Courts and
approved by the Judicial Conference of the United States.


SO ORDERED, this day of June, 1997.


United States District Judge


United States District Judge


United States District Judge