UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
JURY PLAN
Approved by Chief Judge Sharon L. Gleason: May 3, 2024
Approved by the Ninth Circuit Judicial Council: November 21, 2024
Table of Contents
CHAPTER ONE ......................................................................................................................................... 4
General Matters ...................................................................................................................................... 4
Section 1.01 Authority .................................................................................................................... 4
Section 1.02 Application ................................................................................................................. 4
Section 1.03 Definitions................................................................................................................... 4
Section 1.04 Policy ........................................................................................................................... 4
Section 1.05 Discrimination Prohibited ...................................................................................... 5
Section 1.06 Management Responsibilities ................................................................................... 5
Section 1.07 Delegation of the Clerk’s Management Responsibilities ........................................ 5
Section 1.08 Jury Management Divisions ...................................................................................... 6
Section 1.09 Emptying and Refilling the District Master Jury Wheels...................................... 6
Section 1.10 Method and Manner of the Random Selection of Jurors....................................... 7
Section 1.11 General Notice............................................................................................................ 8
Section 1.12 Protection of Jurors’ Employment........................................................................... 8
Section 1.13 Modifications .............................................................................................................. 8
CHAPTER TWO ........................................................................................................................................ 8
Source Lists, Initial Random Selection, and the Master Jury Wheel................................................. 8
Section 2.01 Source Lists ................................................................................................................ 8
Section 2.02 Size of the Master Jury Wheels ................................................................................ 8
Section 2.03 Substantial Proportional Representation and the Master Jury Wheels ............... 9
Section 2.04 Filling the Master Jury Wheels ................................................................................ 9
CHAPTER THREE .................................................................................................................................... 9
Drawing Names from the Master Jury Wheel, One-Step Summoning, Juror Qualification, and the
Qualified Jury Wheel .................................................................................................................................. 9
Section 3.01 Drawing Names from the Master Jury Wheel ........................................................ 9
Section 3.02 Juror Summons and Qualification Questionnaires ................................................ 9
Section 3.03 Failure to Submit a Juror Qualification Questionnaire or Appear .................... 10
Section 3.04 Determining Juror Qualification Status ................................................................ 10
Section 3.05 Qualified Jury Wheel .............................................................................................. 12
CHAPTER FOUR ..................................................................................................................................... 12
Selection of Grand and Petit Jurors .................................................................................................... 12
Section 4.01 Selection and Empanelment of Grand and Petit Jurors ....................................... 12
Section 4.02 Summoning Grand and Petit Jurors....................................................................... 12
Section 4.03 Petit Jury Term– One Day Appearance/One Trial .............................................. 12
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Section 4.04 Disclosure of Petit Juror Information.................................................................... 12
Section 4.05 Grand Jury Empanelment ...................................................................................... 13
Section 4.06 Term of Regular Grand Jury ................................................................................. 13
Section 4.07 Term of Special Grand Jury ................................................................................... 13
Section 4.08 Alternate Grand Jurors .......................................................................................... 13
Section 4.09 Disclosure of Grand Juror Information ................................................................ 14
CHAPTER FIVE ...................................................................................................................................... 14
Exclusion or Excuse from Jury Service .............................................................................................. 14
Section 5.01 Exclusion or Excuse from Jury Service ................................................................. 14
Section 5.02 Jury Service Limit ................................................................................................... 15
Section 5.03 Permanent Exclusion or Excuse from Jury Service ............................................. 15
CHAPTER SIX ......................................................................................................................................... 15
Disclosure and Retention of Jury Selection Records ......................................................................... 15
Section 6.01 Release of Jury Plan Information .......................................................................... 15
Section 6.02 Release of Juror Records ......................................................................................... 15
Section 6.03 Retention of Juror Records..................................................................................... 16
Section 6.04 Request to Inspect Juror Records ........................................................................... 16
Section 6.05 Notice of Non-Citizens ............................................................................................. 16
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CHAPTER ONE
General Matters
Section 1.01 Authority
This Jury Plan is adopted by the United States District Court for the
District of Alaska in accordance with the provisions of the Jury Selection
and Service Act of 1968 (Public Law 90-274), as amended and codified
in 28 U.S.C.§ 1861 et seq.
Section 1.02 Application
This Jury Plan will take effect after approval by a reviewing panel of the
United States Court of Appeals for the Ninth Circuit pursuant to 28
U.S.C. § 1863(a). The prior Jury Plan is superseded as of the effective
date of this revised Plan. A copy of the revised Plan, as approved by the
reviewing panel, will be provided to the Administrative Office of the
United States Courts and the Attorney General of the United States. This
plan is applicable to the District of Alaska.
Section 1.03 Definitions
For purposes of this Plan:
“Jury Selection Process” will be deemed to include all activities
associated with the master and qualified jury wheels relating to the
random selection, qualification, summoning, and service of grand
and petit jurors.
“Chief Judge” means the Chief Judge of this District, or any
supervising judge appointed by the Chief Judge.
“Presiding Judge” means the judge presiding over a particular case.
“Clerk” and “Clerk of Court” means the Clerk of this District Court, any
authorized deputy clerk, or any other person authorized by the Chief Judge
to assist the Clerk in the performance of duties under this Plan.
Section 1.04 Policy
It is the policy of the Court that all litigants in this Court, entitled to trial
by jury, have the right to grand and petit juries selected at random from
a fair cross section of the community in the division wherein the Court
convenes. It is also the policy of the Court that all citizens of the District
have the opportunity to be considered for service on grand and petit
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juries, and have an obligation to serve as jurors when summoned for
that purpose.
Section 1.05 Discrimination Prohibited
No citizen will be excluded from service as a grand or petit juror based
on race, color, religion, sex, national origin, or economic status.
Section 1.06 Management Responsibilities
In accordance with 28 U.S.C. § 1863(b)(l), the Clerk of Court will
manage the Jury Selection Process under the supervision and control of
the Chief Judge, or of such other judge of the District Court as the Chief
Judge designates.
The Court finds that electronic data processing methods can be
advantageously used for managing this Plan. At the Clerk’s option, after
consultation with the Chief Judge, a properly programmed electronic data
processing system or a combination system employing both manual and
electronic machine methods, may be used for all randomized drawings
and to perform other clerical and record-keeping jury functions.
In the event of an emergency, computer malfunction, or any overt or
obvious deviation from this Plan caused by automation, the Clerk, with
the approval of the Chief Judge, will manually, or by alternative electronic
methods, proceed from the last step correctly implemented to manage the
Plan.
Section 1.07 Delegation of the Clerk’s Management Responsibilities
In accordance with 28 U.S.C. §§ 1863(b)(l) and 1869(a), the Clerk of
Court may delegate responsibility for the day-to-day operation of the Jury
Selection Process to any authorized deputy clerk, or to any authorized
non-court person or agency. The Clerk may use the services of non-court
personnel to assist in the Jury Selection Process. For purposes of this plan,
the phrase “non-court personnel” may include, but is not limited to:
(a) County or State officials, and their employees or agents,
who are responsible for custody and maintenance of the source lists
identified in Section 2.01 of this Plan.
(b) Owners, employees, operators and/or agents of computer
or data processing centers, bar-coding facilities, mail handling centers,
document reproduction facilities, and optical scanning facilities, and
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similar facilities whose services are requested or employed by the Clerk
to support the Jury Selection Process.
(c) Other non-court administrative or clerical persons whose
services are requested or employed by the Clerk to select, process, and/or
mail the various documents and records involved in the Jury Selection
Process.
Section 1.08 Jury Management Divisions (See 28 U.S.C. § 1869(e))
In order to facilitate the Jury Selection Process, the Clerk is directed to
divide the District of Alaska into the following three jury management
divisions for jury selection purposes:
Anchorage Division: Includes cities within the Anchorage/Mat-Su, Gulf
Coast and Southwest census designations.
Fairbanks Division: Includes cities within the Interior, and Northern
census designations.
Juneau Division: Includes cities within the Southeast census designation.
Unless otherwise specifically indicated, the provisions of this plan apply
to all divisions in the district. The Court has considered parts of the
District from which grand and petit jurors should be selected for the places
where court is held based on census information provided to the Alaska
State Department of Labor 2020 Census designations. 2020 Census
A separate divisional master wheel will be maintained for each division.
This Plan applies to each of the divisional master wheels, which comprise
the master jury wheel for the District. Petit Jurors will be selected for
service from a single division and grand jurors will be selected from all
divisions unless directed otherwise by the Chief Judge.
Section 1.09 Emptying and Refilling the District Master Jury Wheels
The Clerk of Court will create and maintain a master jury wheel for each of
the divisions within the District. In accordance with 28 U.S.C. § 1863(b)
(4), the Clerk is directed to empty and refill the master jury wheels every
two years by July 1 of every odd year. When the master jury wheels are
emptied, the existing qualified jury wheel will continue to be used until the
Clerk determines that an adequate number of persons from the new master
jury wheel have qualified. At that time, the old qualified jury wheel will be
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emptied and new qualified jury wheels created. Summoned jurors from
previous qualified jury wheels may serve at the same time with jurors
selected from later qualified jury wheels. If additional time is needed to
empty and refill the master jury wheels, permission must be obtained from
the Chief Judge of the Circuit.
Section 1.10 Method and Manner of the Random Selection of Jurors
The randomized selection procedures set forth in this Plan must ensure
that the names chosen will represent all segments of the source lists from
which drawn, that the mathematical odds of any single name being picked
are substantially equal.
(a) The selection of names from the complete source list databases in
electronic media for the master jury wheels may be accomplished
by a purely randomized process through a properly programmed
electronic data processing system. Similarly, at the option of the
Clerk and after consultation with the Chief Judge, a properly
programmed electronic data processing system for purely
randomized selection may be used to select names from the master
wheel for the purpose of determining qualification for jury service,
from the qualified wheel for summoning persons to serve as grand
or petit jurors, from the pool of jurors to serve as a panel, and from
the panel of jurors to serve as a jury. Such random selections of
names from the source lists for inclusion in the master wheels by
data computer personnel must ensure that each division within the
jury division is substantially proportionally represented in the
master jury wheel in accordance with 28 U.S.C. § 1863(b)(3).
The purely randomized selection procedure may be used for all
drawings.
(b) Manual Randomized Selection of Jury Panels and Petit Juries
After the jurors have been summoned, the Clerk has the option,
after consultation with the Chief Judge, to randomly select jurors
manually for petit or grand jury panels and for petit juries for
specific cases by
(1) preserving the computer prepared random sequence of the
names of jurors summoned and assigning jurors to panels
in the order listed; or preserving the computer prepared
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random sequence of the names of jurors impaneled and
assigning jurors to petit juries in the order listed; or
(2) drawing names at random from a box, jury wheel, or
similar container containing the names of the present pool
or panel of jurors.
Section 1.11 General Notice
In accordance with 28 U.S.C. §1864(a), the Clerk will post a general
notice for public review in the Clerk’s Office and on the Court’s public
website explaining the process by which names are periodically and
randomly drawn from the source list and the master and qualified wheels.
Section 1.12 Protection of Jurors’ Employment
No employer shall discharge, threaten to discharge, intimidate, or coerce
any permanent employee over such employee’s jury service, or the
attendance or scheduled attendance in connection with such jury service.
Any employer who violates the provision of this section shall be subject
to penalties specified by 28 U.S.C. § 1875.
Section 1.13 Modifications
Modifications to this Plan may be made from time to time by this Court,
upon approval of the Ninth Circuit Reviewing Panel of the Judicial
Council and shall be made when so directed by the Reviewing Panel.
CHAPTER TWO
Source Lists, Initial Random Selection, and the Master Jury Wheel
Section 2.01 Source Lists (See 28 U.S.C. §§ 1861 and 1863(b)(2) and (3))
Voter Registration List: The Court finds that the voter registration list
represents a fair cross section of the citizens residing within the communities
in the District of Alaska.
Section 2.02 Size of the Master Jury Wheels (See 28 U.S.C. § 1863(b)(4))
After consultation with the Chief Judge, the Clerk has the option of
using the entire source list within each jury division as the master jury
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wheel. The Chief Judge may order additional names to be placed in
the master jury wheels from time to time as necessary.
Section 2.03 Substantial Proportional Representation and the Master Jury Wheels
When selecting names from the source list, specific and detailed
procedures will be followed to ensure the random selection of a fair cross
section of the persons residing in the community in the division where the
court convenes. Such random selection of names from the source list for
inclusion in the master wheel will be designed to ensure that each voter
within the division is substantially proportionately represented in the
master jury wheels.
Section 2.04 Filling the Master Jury Wheels
Once the names for each division have been randomly selected, the Clerk
will combine and randomly sort all jury division names and enter them into
the master jury wheel for the appropriate jury divisions.
CHAPTER THREE
Drawing Names from the Master Jury Wheel, One-Step Summoning, Juror Qualification,
and the Qualified Jury Wheel
Section 3.01 Drawing Names from the Master Jury Wheel
From time to time as directed by the Chief Judge, the Clerk must draw at
random from the master jury wheel of each division, the names of as
many persons as may be required for jury service in each division. (28
U.S.C. § 1864(a)).
Section 3.02 Juror Summons and Qualification Questionnaires
The Court is using a one-step procedure to qualify and summons jurors. The
Clerk will mail a summons to every person randomly selected pursuant to
Section 3.01 of this plan (28 U.S.C. § 1864(a)). The notice will direct the
juror to complete a juror qualification questionnaire through the Court’s
internet website within ten days. If a juror does not complete the juror
qualification questionnaire online, a paper copy of the questionnaire will
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be mailed with instructions to complete and return the questionnaire to the
Clerk by mail within ten days of receipt.
Section 3.03 Failure to Submit a Juror Qualification Questionnaire or Appear
If a person fails to submit a completed juror qualification questionnaire, the
Clerk may issue a summons to the person directing them to appear in the
Clerk’s Office to complete the qualification questionnaire (28 U.S.C.
§ 1864(a)). No juror fees or costs for this appearance will be paid, unless
otherwise ordered by the Court. 28 U.S.C. § 1864(b) lists the penalties that
may be imposed by the Court for any person who fails to appear as ordered
or to show good cause for noncompliance with the summons. The potential
penalties include a fine, imprisonment and community service.
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
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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.
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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.
Section 3.05 Qualified Jury Wheel
The Clerk must maintain a separate qualified jury wheel for each jury
division within the District and will place in such wheels the names of all
persons randomly selected from their respective master jury wheel who are
determined to be qualified to serve as jurors and are not exempt or excused
from service pursuant to this Plan.
CHAPTER FOUR
Selection of Grand and Petit Jurors
Section 4.01 Selection and Empanelment of Grand and Petit Jurors (See 28 U.S.C. §
1866(a)) The Clerk will draw at random from the qualified jury wheels the
names of as many persons as may be required for assignment to grand and
petit jury panels in the District.
Section 4.02 Summoning Grand and Petit Jurors (See 28 U.S.C. § 1866(b))
The Clerk will issue and serve personally or send by first class mail a
summons to the persons whose names are so drawn.
Section 4.03 Petit Jury Term– One Day Appearance/One Trial
It is the policy of the District of Alaska that all prospective petit jurors serve
“one appearance” or “one trial” during a four-week term of service. Petit
jurors appearing in the United States District Court for the District of Alaska
shall, upon completion of their “one appearance” or “one trial” service, be
released from further jury service obligations for a period of not less than
two years. The Court reserves the right to modify the provisions of this petit
jury policy when the interests of justice so require.
Section 4.04 Disclosure of Petit Juror Information
(a) To Attorneys and Parties: When the Clerk has assigned a venire
panel to a particular trial, the list of names so assigned may be
furnished to the attorneys for the parties and any parties appearing
pro se in that trial at a time in advance of the trial, if allowed by
standing order of the Court or otherwise ordered by the trial judge.
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Notwithstanding this general policy, any trial judge may order the
Clerk to keep jurors names confidential until the morning of trial in
any case where the interests of justice so require.
(b) To the Public and the Media: The names of prospective and sitting
petit jurors will be disclosed to the public or media only upon order
of the Court. A request for disclosure of petit juror names to the
media or public must be made in writing to the presiding judge.
Section 4.05 Grand Jury Empanelment (See 28 U.S.C. § 1863(b)(8))
A centralized grand jury will be empaneled for this district in Anchorage.
The empanelment of every regular or special grand jury will not be
conducted in open court or within public view.
Composition of Grand Juries: A grand jury is to be empaneled for service
in the entire district. The Clerk shall draw at random from the qualified
wheel of each division a proportional number of prospective grand jurors as
the Chief Judge may direct, in the same ratio that the number of registered
voters in each division bears to the total number of registered voters in the
combined divisions or in the district.
Section 4.06 Term of Regular Grand Jury
Each grand jury shall serve until discharged by the Chief Judge, but no
regular grand jury shall serve more than 12 months unless the Court extends
the service of the grand jury upon a determination that such extension is in
the public interest, in accordance with Rule 6(g) of the Federal Rules of
Criminal Procedure.
Section 4.07 Term of Special Grand Jury
Each Special Grand Jury, as defined in 18 U.S.C. § 3331, will serve for a
term of 12 months unless an order for its discharge or an extension of its
term is entered by the Court in accordance with Sections 3331 or 3333 of
18 U.S.C.
Section 4.08 Alternate Grand Jurors
The Court may direct that alternate grand jurors be selected at the same time
a grand jury is selected. Alternate grand jurors, in the order in which they
were selected, may thereafter be empaneled to replace excused grand jurors.
Alternate grand jurors will be drawn in the same manner and shall have the
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same qualifications as the regular grand jurors, and if empaneled, shall be
subject to the same challenges, will take the same oath and have the same
authority as the regular grand jurors.
Section 4.09 Disclosure of Grand Juror Information (See 28 U.S.C. § 1863(b)(7))
Except as authorized by written order of the court, the names and
information relating to any summoned or serving grand juror or grand jury
panel will be confidential and not disclosed to any litigant or member of the
public. Applications for disclosure of grand juror information must be made
by motion to the Chief Judge and must set forth why disclosure should be
allowed.
CHAPTER FIVE
Exclusion or Excuse from Jury Service
Section 5.01 Exclusion or Excuse from Jury Service
Except as provided elsewhere in this Plan, no person or class of persons will
be disqualified, excluded, excused, or exempted from service as jurors;
provided, however, that any person summoned for jury service may be:
(a) excluded by the Court on the grounds that such person may be
unable to render impartial jury service or that the person’s service
as a juror would be likely to disrupt the proceedings;
(b) excluded upon peremptory challenge as provided by law;
(c) excluded pursuant to the procedure provided by law upon a challenge
by any party for good cause shown; or
(d) excluded upon determination of the Court, after hearing in open
court, that service as a juror would be likely to threaten the
secrecy of the proceedings, or otherwise adversely affect the
integrity of jury deliberations, and that exclusion of such person
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will not be inconsistent with the policy stated in 28 U.S.C. §§ 1861
and 1862.
Section 5.02 Jury Service Limit
In any two (2) year period, no person will be required to:
(a) serve or attend court for prospective service as a petit juror for a
total of more than thirty (30) days, except when necessary to
complete service in a particular case, or
(b) serve on more than one grand jury, or
(c) serve as both a grand and petit juror.
Section 5.03 Permanent Exclusion or Excuse from Jury Service
See Section 3.04(c)(1) Whenever a person is permanently excluded or
excused from jury service under this Chapter, the Clerk will note the same
on the questionnaire or in the jury management database. In addition to the
members of groups entitled to be excused from jury service on individual
request as provided above, any person summoned for jury service may on
request be temporarily excused by the Court, or by the Clerk or designee,
upon a showing of undue hardship or extreme inconvenience. This
temporary excuse shall be for such period as the Court deems necessary, at
the conclusion of which, such person shall be summoned again for jury
service, or the name of such person shall be reinserted into the qualified jury
wheel of the court.
CHAPTER SIX
Disclosure and Retention of Jury Selection Records
Section 6.01 Release of Jury Plan Information
The Clerk is authorized to provide a copy of this Jury Plan to any person
requesting information about the jury selection process, and may post the
Plan on the Court’s public website. All other requests for information about
the Jury Selection Process must be submitted in writing to the Clerk of
Court, who will confer with the Chief Judge prior to releasing any
information.
Section 6.02 Release of Juror Records (See 28 U.S.C. § 1867(f))
The contents of records and papers used in the Jury Selection Process will
not be disclosed, except upon written order of the Court. Motions for
disclosure of records related to the Jury Selection Process in a particular
case must be made to the Presiding Judge in that case and must set forth
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why disclosure should be allowed. This provision does not preclude a
transcript of the voir dire provided it is anonymous.
Section 6.03 Retention of Juror Records
In accordance with 28 U.S.C. § 1868, the Clerk will keep all records and
papers relating to the Jury Selection Process for four years following the
emptying and refilling of the master jury wheels and the completion of
service of all jurors selected from those master jury wheels, or for such
longer periods of time as the Court may require. Such records may then be
destroyed, providing the means used ensures the privacy of their contents.
Section 6.04 Request to Inspect Juror Records (See 28 U.S.C. § 1868)
Applications to inspect Jury Selection Process records to determine the
validity of the selection of any jury must be made by motion to the
Presiding Judge and must set forth why disclosure should be allowed.
Section 6.05 Notice of Non-Citizens (See 28 U.S.C. § 1867)
Notice of persons who identify themselves as non-citizens through the juror
qualification process will be provided to the appropriate elections officials
for verifying voter registration eligibility.
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