Local Rule Section 3.04: Determining Juror Qualification Status

Section 3.04 Determining Juror Qualification Status The Chief Judge, upon the recommendation of the Clerk, or the Clerk of Court or designee, under the supervision of the Court, will determine solely based on information provided on the juror qualification questionnaire and other competent evidence whether a person is unqualified for, exempt, or to be excused from jury service. 28 U.S.C. § 1865(a). The Clerk must enter such determination on the questionnaire or in the jury management database.

(a) Disqualification from Jury Service In accordance with 28 U.S.C. § 1865(b), any person will be deemed qualified to serve on grand and petit juries in this District unless such person: (1) is not a citizen of the United States, is less than 18 years old, or has not resided 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 satisfactorily fill out the juror qualification questionnaire; (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.

(b) Exemption from Jury Service In accordance with 28 U.S.C. § 1863(b)(6), the following persons are barred from jury service on the grounds that they are exempt: (1) members in active service in the Armed Forces of the United States; (2) members of the fire or police departments of any state, the District of Columbia, territory or possession, or subdivision thereof; and (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 their official duties. A "public officer" means a person who is elected to public office or who is directly appointed by a person elected to public office.

(c) Excuses from Jury Service on Individual Request

(1) Permanent Excuse. In accordance with 28 U.S.C. § 1863(b)(5)(A) and (B), the Court finds that jury service by members of the following occupational classes or groups of persons would entail undue hardship or extreme inconvenience to the members of, and the excuse of such members would not be inconsistent with §§ 1861 and 1862 of 28 U.S.C., and will be granted upon individual written request to those: (A) persons age 70 years or older; (B) persons who have served as grand or petit jurors in a state or federal court within the past two years; or (C) persons who serve a public agency without compensation as volunteer safety personnel (such as firefighters or members of a reserve or rescue squad or ambulance crew).

(2) Temporary Excuse. Upon application showing undue hardship or extreme inconvenience, any qualified juror may be temporarily excused from jury service for a discretionary period as the Clerk deems necessary with judicial consultation and advice. Unless otherwise directed by the Court, those individuals temporarily excused from jury service should either be summoned again for jury service with their pool if it is deferred, or their names should be reinserted into their respective qualified jury wheel for possible future selection.