The Law Mind

24-01 — 10 )

C.D. Cal. Standing Order — 24-01 — 10 )

1 2 3 March 1, 2024 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 ) IN THE MATTER OF ) GENERAL ORDER NO. 24-01 11 ) THE PLAN OF THE UNITED STATES ) (Supersedes General Order 12 DISTRICT COURT, CENTRAL ) No. 19-07) DISTRICT OF CALIFORNIA, FOR THE ) 13 RANDOM SELECTION OF GRAND ) AND PETIT JURORS ) 14 ) 15 Pursuant to the Jury Selection and Service Act of 1968, as amended, 28 U.S.C. 16 § 1861 et seq. (“Act”), the following Jury Selection Plan (“Plan”) is hereby adopted by 17 the United States District Court for the Central District of California (“Court”), subject 18 to approval by the Ninth Circuit Judicial Council and to such rules and regulations as 19 may be adopted from time to time by the Judicial Conference of the United States. 20 1. Applicability of Plan 21 This Plan applies to the Central District of California (“District”), including all 22 three of its divisions: (1) the Western Division, which includes the counties of Los 23 Angeles, San Luis Obispo, Santa Barbara, and Ventura; (2) the Southern Division, 24 which includes the county of Orange; and (3) the Eastern Division, which includes the 25 counties of Riverside and San Bernardino. 28 U.S.C. § 84(c). These three statutory 26 divisions shall constitute the divisions contemplated by the Act, as provided in 28 27 U.S.C. § 1869(e)(1). 28 General Order No. 24-01 1 2. Declaration of Policy 2 It is the policy of the Court that all litigants in this District entitled to trial by 3 jury shall have the right to grand and petit juries selected at random from a fair cross 4 section of the community in the District or division wherein the Court convenes. 5 It is further the policy of the Court that all citizens shall have the opportunity to 6 be considered for service on grand and petit juries of the Court and shall have an 7 obligation to serve as jurors when summoned for that purpose. No citizen shall be 8 excluded from service as a grand or petit juror on the basis of race, color, religion, 9 gender, sexual orientation, national origin, or economic status. 10 3. Management and Supervision of Jury Selection Process 11 The Clerk of the Court, any authorized deputy clerk, or any other person 12 designated to assist the clerk (collectively “Clerk”), shall manage the jury selection 13 process under the supervision and control of the Chief District Judge of the Court, a 14 judge acting pursuant to 28 U.S.C. § 136(e), or such other judge of the district court as 15 the Chief District Judge may designate (“Chief Judge”). The Clerk is authorized to use 16 non-Court personnel to assist in the performance of functions under this Plan. Non- 17 Court personnel shall be given detailed instructions regarding any work they are asked 18 to perform, and shall be required to certify that all work performed has been completed 19 pursuant to those instructions. The instructions provided, and the certifications 20 returned upon completion, will be considered juror selection records (“Juror Selection 21 Records”), and will be retained and made available pursuant to Section 12 of this Plan. 22 4. Sources of Prospective Jurors’ Names 23 The names of prospective jurors shall be drawn from the names of persons who 24 reside within one of the seven counties in the District and who are on one or more of 25 the following lists: registered voters, licensed drivers, and holders of California 26 Identification Cards (issued by the California Department of Motor Vehicles 27 (“DMV”)). The Clerk shall obtain the names of all registered voters residing in the 28 District by requesting voter registration lists, as defined in 28 U.S.C. § 1869(c) (“Voter 2 General Order No. 24-01 1 Lists”), either from the Office of the California Secretary of State or from the Registrar 2 of Voters or equivalent office in each of the seven counties in the District. The Clerk 3 shall obtain the names of all licensed drivers and holders of California Identification 4 Cards residing within the District by requesting from the DMV information regarding 5 individuals who hold a California driver’s license or identification card and who reside 6 within one of the seven counties in the District (“DMV Records”). 7 The Clerk shall obtain updated Voter Lists and DMV Records (collectively, 8 “Source Data”) for the District every year, in advance of the annual emptying and re- 9 filling of the Master Jury Wheels described in Section 5, below. The Clerk shall obtain 10 the Source Data by requesting, in writing, that each agency provide a list of the 11 required names, together with addresses and any other information necessary to 12 achieve the goals of the Act. The Clerk shall also require that each agency, when 13 providing the list, provide a declaration certifying that the requested information was 14 forwarded to the Court in accordance with the Clerk’s written request. The Source 15 Data, the Clerk’s written requests for the Source Data, and the declarations from each 16 agency providing Source Data will be considered Juror Selection Records, and will be 17 retained and made available pursuant to Section 12 of this Plan. 18 5. Creation and Maintenance of Master Jury Wheels 19 The Clerk shall use the Source Data to establish and maintain one “Master Jury 20 Wheel,” in electronic form, for each of the three divisions within the District. First, 21 using a properly programmed electronic data processing system, the Source Data for 22 each county shall be merged into a single list, and duplicate records of the same person 23 and the records of persons under the age of 18 years eliminated. The resulting list will 24 be referred to as the county’s “Merged Source List.” 25 Next, in accordance with 28 U.S.C. § 1863(b)(3), the Clerk shall randomly 26 select names from the Merged Source List for each county in the District, using a 27 purely randomized process through a properly programmed electronic data processing 28 system designed to ensure that the mathematical odds of any single name being picked 3 General Order No. 24-01 1 from a Merged Source List are substantially equal. The selected names shall be placed 2 in the Master Jury Wheel for the division in which the county is located, in such 3 numbers as to ensure that each county is substantially proportionally represented in 4 that division’s Master Jury Wheel. 5 For purposes of determining proportional representation in each Master Jury 6 Wheel, the number of registered voters in each county shall be compared to the total 7 number of registered voters in the division, and a percentage calculated; the number of 8 names drawn from a county’s Merged Source List for inclusion in the division’s 9 Master Jury Wheel shall be in an amount equal to the same percentage of that 10 division’s Master Jury Wheel. For example, if, in a division with two counties, County 11 A has 20% of the registered voters for the division, and County B has 80% of the 12 registered voters, then 20% of the names in the division’s Master Jury Wheel should be 13 drawn from County A’s Merged Source List, and 80% of the names in the division’s 14 Master Jury Wheel should be drawn from County B’s Merged Source List. 15 The minimum number of names to be placed in each Master Jury Wheel shall be 16 at least one-half of 1% of the total number of persons on the Merged Source Lists for 17 the counties in that division. The Court finds that placing names selected from the 18 Merged Source Lists for the counties in a division using a purely randomized process 19 into the Master Jury Wheel for that division in such amounts, with each county in the 20 division substantially proportionally represented, will result in a Master Jury Wheel for 21 each division that includes a fair cross section of the community in that division. 22 Each Master Jury Wheel shall be emptied and refilled annually between 23 November 1 and December 31. If necessary to assure an adequate supply of qualified 24 jurors, the Chief Judge may order that any Master Jury Wheel be supplemented from 25 time to time with additional names selected from the Merged Source Lists on a random 26 basis, in substantially proportional amounts from each county in the relevant division. 27 Jurors selected from previous Master Jury Wheels may serve at the same time as jurors 28 selected from later Master Jury Wheels. 4 General Order No. 24-01 1 The Merged Source Lists, the list of names placed in the Master Jury Wheels, 2 and any Orders of the Chief Judge directing that a Master Jury Wheel be supplemented 3 with additional names shall be considered Juror Selection Records and will be retained 4 and made available pursuant to Section 12 of this Plan. 5 6. Random Selection of Names from the Master Jury Wheels: One-Step 6 Summoning and Qualification of Prospective Jurors 7 Pursuant to 28 U.S.C. § 1878, the Court adopts a one-step process to summon 8 and qualify prospective petit and grand jurors. The Clerk shall use this one-step 9 approach in lieu of the two separate procedures (a qualification process, followed by a 10 separately issued summons) otherwise provided for by the Act. 11 Throughout the term of the Master Jury Wheels, the Clerk shall regularly select 12 names at random from the Master Jury Wheel for each division as required to create 13 grand and petit jury pools (“Jury Pools”) in each division. Each Jury Pool shall be 14 given a unique pool identification number and shall be associated with either a single 15 reporting date or a two-week on-call period. 16 To create a Jury Pool, the Clerk shall select the names of prospective jurors from 17 the Master Jury Wheels, in such numbers as the Clerk estimates will meet the Court’s 18 projected needs, using a purely randomized process through a properly programmed 19 electronic data processing system designed to ensure that the mathematical odds of any 20 single name being picked from a Master Jury Wheel are substantially equal. 21 Each prospective juror in a Jury Pool is assigned a unique pool sequence 22 number. The judge who will preside at trial (“Presiding Judge”) has discretion to 23 direct that a Jury Pool be created for the purpose of pre-screening jurors for service on 24 a lengthy trial (“Time Qualified Pool”). 25 Once a name has been selected from a Master Jury Wheel, that name shall not 26 be eligible to be drawn again until after the Master Jury Wheel has been emptied and 27 re-filled. The Clerk shall make available a copy of this General Order in all Jury 28 Assembly Rooms and on the Court’s website to explain the process by which names 5 General Order No. 24-01 1 are randomly and periodically drawn from the Master Jury Wheels. 2 Every person added to a Jury Pool when the Pool is created shall be mailed a 3 summons for jury service (“Summons”). Pursuant to 28 U.S.C. § 1864(a), each person 4 newly summoned for jury service shall be instructed to complete and return a juror 5 qualification form (“Questionnaire”) within ten days. Questionnaires may be 6 completed and submitted online through the Court’s website, or on request completed 7 and returned to the Clerk by mail, e-mail, or fax. The Questionnaire shall be in a form 8 prescribed by the Administrative Office of the United States Courts and approved by 9 the Judicial Conference of the United States. Prospective jurors in Time-Qualified 10 Pools will also be directed to answer supplemental questions about the prospective 11 juror’s ability to serve for a specified length of time beginning on a particular date. 12 Any person who mails Summonses to prospective jurors shall make the affidavit of 13 service required by 28 U.S.C. § 1866(b). 14 Each Questionnaire submitted by a prospective juror shall be reviewed upon 15 receipt to determine whether, based on the information provided in or with the 16 Questionnaire, the prospective juror should be disqualified from jury service (see 17 Section 9 of this Plan), exempted from jury service (see Section 10 of this Plan), or 18 excused from jury service for some period of time (see Section 11 of this Plan). A 19 prospective juror may ask to be excused temporarily from jury service by requesting a 20 postponement of jury service to a later date; prospective jurors whose service is 21 postponed will be re-summoned in advance of the new reporting date. 22 A person shall be deemed qualified and available to serve as summoned unless 23 postponed, disqualified, exempted, or excused by the Clerk, acting under supervision 24 of the Chief Judge, or a judge. For any juror postponed, disqualified, exempted, or 25 excused on the basis of information provided in or with the Questionnaire, the Clerk 26 shall note this determination in the records of the Court, and make the results regarding 27 each potential juror available to that juror in advance of the juror’s Summons date. 28 6 General Order No. 24-01 1 The Clerk shall record the names of prospective jurors who fail to return the 2 Questionnaire. If any Questionnaires are returned as undeliverable, the Clerk shall 3 note that fact. Prospective jurors who fail to return the Questionnaire or who submit 4 Questionnaires requiring further investigation may be summoned for a personal 5 interview before the Clerk if other means of communication fail to elicit a satisfactory 6 response. Except for extraordinary cause shown, such appearance shall be without 7 attendance fees or travel allowance. 8 Each Summons shall include the date on which the prospective juror’s service is 9 scheduled to begin. All prospective jurors, unless postponed, disqualified, exempted, 10 or excused from service in advance, must call in as directed in the Summons, and 11 report if directed to do so. Prospective jurors not directed to report on the first call-in 12 date must continue to call in as directed throughout the on-call period until notified 13 that their service has been completed. 14 Shortly before each reporting date or period, the Clerk shall determine the 15 number of prospective jurors estimated to be necessary to meet the Court’s projected 16 needs for petit jurors on that date and shall direct that number of prospective jurors to 17 report for service. Prospective jurors in a Jury Pool will be directed to report in pool 18 sequence number order. 19 The Clerk shall maintain a record of the following: the names of persons sent a 20 Summons; whether the Summons was returned as undeliverable; whether each 21 prospective juror submitted or returned a Questionnaire; whether each prospective 22 juror was postponed, disqualified, exempted, or excused; whether each prospective 23 juror was directed to report during the on-call period; whether each prospective juror 24 reported as directed; and for prospective jurors who failed to report, the reason why, if 25 known. This record, and the following documents, will be considered Juror Selection 26 Records: the affidavits of service completed pursuant to 28 U.S.C. § 1866(b); any 27 Summons returned as undeliverable, with its original envelope; and all submitted or 28 returned Questionnaires. All Juror Selection Records will be retained and made 7 General Order No. 24-01 1 available pursuant to Section 12 of this Plan. 2 7. Selection of Petit Jurors 3 Prospective jurors summoned for petit jury service and not postponed, 4 disqualified, exempted, or excused in advance of the call-in date shall call in as 5 directed and, if directed, report to the appropriate divisional Jury Assembly Room. 6 The Clerk shall record the names of any prospective jurors who fail to appear as 7 directed and may send follow-up notices to those prospective jurors who fail to appear. 8 Prospective jurors who report as directed may raise at that time additional 9 grounds for postponement, disqualification, exemption, or excuse. All prospective 10 jurors who report as directed will be deemed qualified and available to serve as 11 summoned unless determined not to be for one of these reasons (as defined in Sections 12 9-11 of this Plan), by the Clerk, acting under supervision of the Chief Judge, or by a 13 judge. Prospective jurors who report as directed, and who are not postponed, 14 disqualified, exempted, or excused shall be considered “Present and Available” for 15 jury service. The Clerk shall maintain records, which will be considered Juror 16 Selection Records, noting whether each person directed to appear on a particular day is 17 Present and Available to serve as directed, and if not, why: non-deliverable Summons, 18 failure to respond to the Summons, postponement, disqualification, exemption, excuse, 19 or failure to appear. The Clerk will also maintain a list of any prospective jurors sent 20 follow-up notices for failure to appear, and this list will be considered a Juror Selection 21 Record. All Juror Selection Records will be retained and made available pursuant to 22 Section 12 of this Plan. 23 When those persons who are Present and Available to begin petit jury service on 24 a particular day are gathered in the Jury Assembly Room, the Clerk shall administer to 25 them the appropriate oath. The Clerk shall then draw from such persons the number 26 required for immediate assignment to petit jury panels, using a purely randomized 27 process through a properly programmed electronic data processing system designed to 28 ensure that the mathematical odds of any single name being picked from among all 8 General Order No. 24-01 1 Present and Available jurors are substantially equal. Jurors assigned to a petit jury 2 panel shall then be sent to the appropriate courtroom. 3 Pursuant to 28 U.S.C. § 1863(b)(7), the list of juror names for a particular petit 4 jury panel may be released to the parties and the public at any time with the approval 5 of the Presiding Judge, or by the Chief Judge if the Presiding Judge is unavailable. 6 The names of such jurors and associated juror information may be kept confidential in 7 any case where the interests of justice so require. Unless the Court orders that the list 8 be kept confidential, the petit jury panel list shall also be considered a Juror Selection 9 Record, to be retained and made available pursuant to Section 12 of this Plan. 10 A juror may be excused upon a showing of undue hardship or extreme 11 inconvenience, for the period deemed necessary pursuant to 28 U.S.C. § 1866(c)(1). A 12 juror may be found exempt from, or not qualified for, jury service. Jurors postponed to 13 a future date shall be re-summoned in advance of that date. Jurors excused but not 14 postponed to a future date, and jurors found to be exempt or disqualified, shall be 15 released from jury service. 16 The Presiding Judge may exclude a juror: 17 (a) on the ground that such person may be unable to render impartial jury 18 service or that his service as a juror would be likely to disrupt the 19 proceedings; 20 (b) upon peremptory challenge as provided by law; 21 (c) pursuant to the procedure specified by law upon a challenge by any party 22 for good cause shown; or 23 (d) upon determination by the court that his service as a juror would be likely 24 to threaten the secrecy of the proceedings, or otherwise adversely affect 25 the integrity of jury deliberations. 26 Any person excluded from a particular jury under (a), (b), or (c) shall be eligible 27 to sit on another jury if the basis for the initial exclusion would not be relevant to the 28 juror’s ability to serve on a different jury. The Presiding Judge may therefore direct 9 General Order No. 24-01 1 that jurors excluded from a jury under (a), (b), or (c) return to the Jury Assembly 2 Room for possible random selection to another petit jury panel. No person shall be 3 excluded under (d) unless the Presiding Judge, in open court, determines that such is 4 warranted and that exclusion of the person will not be inconsistent with 28 U.S.C. 5 §§ 1861-1862. The number of persons excluded under (d) shall not exceed 1% of the 6 number of persons who return executed Questionnaires during the year between two 7 consecutive fillings of the Master Jury Wheel. The names of persons excluded under 8 (d), together with detailed explanations for the exclusions, shall be forwarded 9 immediately to the Ninth Circuit Judicial Council. Jurors excluded under this 10 paragraph and not directed by the Presiding Judge to return to the Jury Assembly 11 Room for possible random selection to another petit jury panel shall be released from 12 jury service. 13 Prospective jurors assigned to a petit jury panel and not excused, disqualified, 14 exempted, or excluded by the Presiding Judge must continue to report as directed by 15 the Presiding Judge until the completion of voir dire. At that time, prospective jurors 16 selected to serve as jurors or alternate jurors in the case will be sworn in. Members of 17 the petit jury panel not selected as jurors or alternate jurors shall either be released 18 from jury service or directed to return to the Jury Assembly Room for possible random 19 selection to another petit jury panel. 20 The Clerk shall maintain a record of whether each juror selected for a petit jury 21 panel was excused, disqualified, exempted, excluded, or selected to serve as a juror or 22 alternate juror. This record, as well as any findings made in excluding jurors under 23 subsection (d), above, will be considered Juror Selection Records. 24 At the end of each day, all prospective jurors who were Present and Available to 25 serve that day who are not then assigned to a petit jury panel shall be dismissed, and 26 shall be deemed to have completed jury service. Prospective jurors summoned for jury 27 service and not postponed, disqualified, exempted, or excused, and who have not been 28 directed to report by the end of the on-call period, will be deemed to have completed 10 General Order No. 24-01 1 jury service. The Clerk will maintain records, which will be considered Juror 2 Selection Records, of all prospective jurors who are deemed to have completed service 3 pursuant to this paragraph. All Juror Selection Records will be retained and made 4 available pursuant to Section 12 of this Plan. 5 8. Selection of Grand Jurors 6 Prospective jurors summoned for grand jury service and who are not, in advance 7 of the call-in date, postponed, disqualified, exempted, excused, or directed to report 8 instead for potential service as a petit juror shall report as directed to the location 9 where grand jury empanelment is to be held. The Clerk shall record the names of any 10 prospective jurors who fail to report as directed and may send follow-up notices to 11 those prospective jurors who fail to appear. 12 Prospective jurors who report as directed may raise at that time additional 13 grounds for postponement, disqualification, exemption, or excuse. All prospective 14 jurors who report as directed will be deemed qualified and available to serve as 15 summoned unless determined to be otherwise for one of these reasons (as defined in 16 Sections 9-11 of this Plan), by the Clerk, acting under supervision of the Chief Judge, 17 or a judge. 18 Prospective jurors who report as directed, and who are not then postponed, 19 disqualified, exempted, or excused shall be considered “Present and Available” for 20 jury service. The Clerk shall maintain records, which will be considered Juror 21 Selection Records, noting whether each person directed to appear on a particular day is 22 Present and Available to serve as directed, and if not, why: non-deliverable Summons, 23 failure to respond to the Summons, postponement, disqualification, exemption, excuse, 24 or failure to appear. The Clerk will also maintain a list of any prospective jurors sent 25 follow-up notices for failure to appear, and this list will be considered a Juror Selection 26 Record. All Juror Selection Records will be retained and made available pursuant to 27 Section 12 of this Plan. 28 11 General Order No. 24-01 1 When those persons who are Present and Available to begin grand jury service 2 on a particular day are gathered, the Clerk shall then draw from such persons the 3 number required for immediate assignment to a grand jury, using a purely randomized 4 process through a properly programmed electronic data processing system designed to 5 ensure that the mathematical odds of any single name being picked from among all 6 prospective jurors then present are substantially equal. The Clerk shall administer the 7 appropriate oath to those chosen for grand jury service, and the Chief Judge shall give 8 them necessary instructions. 9 The names of grand jurors chosen and sworn shall not be disclosed except on 10 order of the Chief Judge. At the end of each day, all prospective jurors who were 11 Present and Available to serve that day who have not been assigned to a grand jury 12 panel shall be dismissed, and shall be deemed to have completed jury service. 13 9. Qualifications for Jury Service 14 In accordance with the provisions of 28 U.S.C. § 1865(b), any person whose 15 name is drawn from a Master Source List shall be deemed qualified to serve on grand 16 or petit juries in this Court unless it is determined that the person: 17 a. is not a citizen of the United States who has reached the age of 18 years 18 and has resided for a period of one year within the District; 19 b. is unable to read, write, and understand the English language with a 20 degree of proficiency sufficient to fill out satisfactorily the juror 21 qualification form; 22 c. is unable to speak the English language; 23 d. is incapable, by reason of mental or physical infirmity, to render 24 satisfactory jury service; 25 e. has been convicted in a state or federal court of record of a crime 26 punishable by imprisonment for more than one year and his or her civil 27 rights have not been restored; or 28 f. has a charge pending against him or her for the commission of a crime 12 General Order No. 24-01 1 punishable by imprisonment for more than one year. 2 Persons summoned for jury duty who are determined to be disqualified from jury 3 service shall be released from jury service. 4 10. Exemptions from Jury Service 5 The following persons, when employed on a full-time basis, are barred from jury 6 service on the ground that they are exempt: 7 a. members in active service in the Armed Forces of the United States 8 (including only the Army, Navy, Air Force, Marine Corps, Coast Guard, 9 Space Force, and members of the National Guard when deployed); 10 b. members of the professional fire or police departments of any State, the 11 District of Columbia, any territory or possession of the United States, or 12 any subdivision of a State, the District of Columbia, or such territory or 13 possession; and 14 c. public officers (i.e., persons either elected to public office or directly 15 appointed by a person elected to public office) in the executive, 16 legislative, or judicial branches of the Government of the United States, or 17 of any State, the District of Columbia, any territory or possession of the 18 United States, or any subdivision of a State, the District of Columbia, or 19 such territory or possession, who are actively engaged in the performance 20 of official duties. 21 Persons summoned for jury duty who are determined to be exempt from jury service 22 shall be released from jury service. 23 11. Individual Requests for Postponement or Excuse 24 (a) Postponement 25 Persons summoned for jury duty may request that service be postponed to a 26 future date. Service may not be postponed more than twice and in total may not be 27 postponed for more than one calendar year from the date summoned originally. 28 However, a judge and the Clerk, acting under supervision of the Chief Judge, have 13 General Order No. 24-01 1 discretion to grant more than two postponements of service beyond one calendar year 2 on a case-by-case basis. If a request for postponement is granted, a juror will be re- 3 summoned in advance of the requested date. 4 (b) Groups Whose Members May Request Excuse 5 Persons summoned for jury duty may request that service be excused on the 6 following grounds: 7 (i) Volunteer Safety Personnel. 8 Upon individual request, individuals serving a public agency in an official 9 capacity, without compensation, as firefighters or members of a rescue squad or 10 ambulance crew, shall be excused from jury service. 11 (ii) Prior Jury Service. 12 The Court finds that jury service by persons who have recently been selected 13 and seated as a grand or petit juror or an alternate juror in either a United States 14 District Court or a state trial court would entail undue hardship or extreme 15 inconvenience to them and that excusing such persons would not be inconsistent with 16 the Act. For purposes of this section, Recent Jury Service is: (1) service on a grand 17 jury within the prior two years; (2) service on a petit jury within the prior year; or (3) 18 service on one or more petit juries within the prior two years for an amount of time 19 that, when combined with the prospective service, will exceed 30 days. Persons who 20 provide proof of Recent Jury Service shall be excused from jury service upon 21 individual request. 22 (iii) Care Givers. 23 The Court finds that jury service by a person who has the obligation to care for 24 children, the elderly, or other dependents, when the obligation of such care prevents 25 the person from engaging in full-time employment outside the home, would entail 26 undue hardship or extreme inconvenience to that person, and that excusing such a 27 person would not be inconsistent with the Act. Such persons shall be excused from 28 jury service upon individual request. 14 General Order No. 24-01 1 (iv) Permanent Excuse. 2 The Court finds that any person who provides documentation from a state or 3 federal court showing that he or she has received a permanent excuse from serving as a 4 juror should be excused from jury service in this Court. 5 (c) Individual Showing of Undue Hardship or Extreme Inconvenience 6 A prospective juror may make an individual request to be excused from jury 7 service on the grounds that the following would create undue harm or extreme 8 inconvenience: 9 (i) grave illness of the prospective juror or a family member for whom 10 the prospective juror must care that prevents the juror from serving 11 now or in the foreseeable future; 12 (ii) any other emergency that outweighs in immediacy and urgency the 13 obligation to serve as a juror when summoned; 14 (iii) business, employment, or financial hardship to the juror; 15 (iv) any other factor that the court determines to constitute an undue 16 hardship or to create an extreme inconvenience to the juror; 17 (v) in situations where it is anticipated that a trial or grand jury 18 proceeding may require more than thirty days of service, severe 19 economic hardship to an employer that would result from the 20 absence of a key employee during the period of such service. 21 Persons summoned for jury duty who are excused from jury service but not postponed 22 to a future date certain shall be released from jury service. 23 12. Juror Statistics and Records 24 A statistical report on the operation of the Jury Plan (“Form AO-12”) shall be 25 completed each time a Master Jury Wheel is refilled and any time there is a change in 26 this Plan. All completed Form AO-12s will be considered Juror Selection Records. 27 All records identified in this Plan as Juror Selection Records and that are created 28 during the life of a Master Jury Wheel shall be retained by the Clerk until four years 15 General Order No. 24-01 1 after the later of the following events (the “Release Date”): (1) the date that that 2 Master Jury Wheel is emptied and refilled; or (2) the date the last of the jurors selected 3 to serve on a jury during the life of that Wheel completes his or her service. Juror 4 Selection Records will not be made available to anyone for inspection, reproduction, or 5 copying, before or after the Release Date, without a court order. 6 Before the Release Date, Juror Selection Records will be disclosed only as 7 necessary for the preparation or presentation of a motion under 28 U.S.C. § 1867(a), 8 (b), or (c). A party preparing such a motion, or any party in a case in which such a 9 motion has been filed, may seek to inspect, reproduce, and copy Juror Selection 10 Records regarding the Master Jury Wheel from which either the grand or petit jury in 11 the case was selected by filing a motion with the Presiding Judge. The Presiding Judge 12 will determine which, if any, records shall be made available for inspection, 13 reproduction, or copying and in what format, including whether any redactions are 14 required. The Presiding Judge may direct that any costs for reproducing or copying 15 Juror Selection Records be paid by the requesting party. 16 After the Release Date, all Juror Selection Records shall be available for public 17 inspection for the purpose of determining the validity of the selection of any jury. A 18 person may seek to inspect Juror Selection Records after the Release Date by 19 submitting a written request to the Chief Judge for the requested records, either by 20 electronic mail to [email protected] or by U.S. Mail to Attn: Jury Department, 21 350 West 1st Street, Suite 4311, Los Angeles, CA 90012. The Chief Judge will 22 determine which, if any, records shall be made available for inspection and under what 23 circumstances. 24 13. Sanctions for Late Settlement in Civil Cases 25 In any civil case in which a settlement is reached and the Presiding Judge is 26 notified of settlement after the close of business on the last business day before jurors 27 are scheduled to appear for jury selection, the Presiding Judge may impose monetary 28 sanctions in the amount of the costs incurred by the judiciary to compensate jurors for 16 General Order No. 24-01 1 their unnecessary appearance. These sanctions may be assessed against one or more of 2 the parties, or against one or more counsel, as the Presiding Judge deems proper, and 3 the amount collected shall be deposited by the Clerk into the Treasury of the United 4 States. 5 14. Effective Date and Review of Plan 6 This Plan shall become effective upon filing by the Clerk of this Court after 7 approval by the Judicial Council of the Ninth Circuit. Copies of the approved Plan 8 will be sent to the Administrative Office of the United States Courts and the United 9 States Attorney General. This Plan will be reviewed annually by the Chief Deputy of 10 Operations to ensure that it complies with all legislation and Judicial Conference rules 11 and regulations, encompasses the most effective procedures, and reflects the policy 12 preferences of the Court. 13 14 IT IS SO ORDERED. 15 ________________________________________ __ ________________________ 16 CHIEF UNITED STATES DISTRICT JUDGE 17 18 Date of Approval by the Court: October 19, 2023 19 Date of Approval by the Judicial Council: February 29, 2024 20 Date of Filing by the Clerk: March 1, 2024 21 22 23 24 25 26 27 28 17
Official source: https://www.cacd.uscourts.gov/sites/default/files/general-orders/GO%2024-01.pdf · retrieved 2026-07-23