GENERAL ORDER NO. 6
PLAN FOR THE RANDOM SELECTION OF GRAND AND PETIT JURORS
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
This Jury Plan is adopted by the United States District Court for the Northern District of
California, in accordance with the provisions of the Jury Selection and Service Act of 1968
(Public Law 90-274) (“Jury Act”), as amended and codified in 28 U.S.C. § 1861-1878.
I. DEFINITIONS
The phrase “Jury Selection Process” in this Plan means all activities associated with the
master jury wheels and relating to the random selection, qualification, summoning, and service
of grand and petit jurors.
The word “Clerk” in this Plan means the Clerk of this court and any and all of his or her
deputies.
The phrase “Chief Judge” in this Plan means the Chief Judge of this court, the acting Chief
Judge, or such other judge as the Chief Judge may designate.
II. DIVISIONS
Pursuant to 28 U.S.C. § 1869(e), the Northern District of California is hereby divided into
jury divisions for jury selection purposes as follows:
▪ San Francisco-Oakland jury division, consisting of the counties of Alameda, Contra
Costa, Marin, Napa, San Francisco, San Mateo, and Sonoma.
▪ San Jose jury division, consisting of the counties of Monterey, San Benito, Santa
Clara, and Santa Cruz.
▪ Eureka jury division, consisting of the counties of Del Norte, Humboldt, Lake, and
Mendocino.
A separate divisional master jury wheel will be maintained for each division. This Plan
applies to each of the divisional master jury wheels. Jurors will be selected for service from a
single jury division for petit juries, unless the Chief Judge directs otherwise. Jurors may be
selected for service from a combination of divisions for grand juries.
III. POLICY
All litigants in this court entitled to trial by jury have the right to grand and petit jurors
selected at random from a fair cross section of the community in the district or jury division
wherein the court convenes. All citizens have the opportunity to be considered for service on
grand and petit juries and have an obligation to serve as jurors when summoned for that
purpose.
No citizen qualified for service will be excluded from service as a grand or petit juror on
account of race, color, religion, sex, national origin, economic status, disability, age, sexual
orientation or gender identity.
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 acts in violation of this section shall be
subject to penalties specified by 28 U.S.C. § 1875.
IV. MANAGEMENT AND SUPERVISION OF JURY SELECTION PROCESS
In accordance with 28 U.S.C. § 1863(b)(1) and 1869(a), the Clerk is authorized to manage
the Jury Selection Process under the supervision and control of the Chief Judge. The Clerk 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 personnel, which may include:
▪ County or state officials, and their employees or agents, who are responsible for
custody and maintenance of the source lists identified in Section V of this Plan.
▪ 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 similar facilities whose services are
requested or employed by the Clerk to support the Jury Selection Process.
▪ 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.
V. USE OF MULTIPLE-SOURCE LIST
To foster the policy and protect the rights secured by 28 U.S.C. §§ 1861 and 1862, driver’s
license and state ID information will be used to supplement voter record information for the
creation of master jury wheels. The court finds this “multiple-source list” represents a fair cross
section of the citizens residing in the district. Additional sources may be added in the future if
feasible.
VI. RANDOM SELECTION
The Clerk will use randomized selection procedures to ensure that the names chosen
will represent all segments of the source lists from which the names are drawn, that the
mathematical odds of any single name being picked are substantially equal, and that the
possibility of human discretion or choice affecting the selection of any individual’s name is
eliminated.
A properly-programmed electronic data processing system may be used for all
randomized drawings, including:
▪ selecting names from the complete multiple-source list proportionate to the number
of registered voters in each county to create the master jury wheels;
▪ selecting names from a master jury wheel for the purpose of determining
qualification for jury service;
▪ selecting from a pool of persons qualified for service to serve as grand or petit jurors;
▪ selecting from a pool of jurors to serve as a panel; and
▪ selecting from a panel of jurors to serve as a jury.
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The electronic data processing system may also be used to perform 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 will manage these functions manually.
VII. MASTER JURY WHEELS
The Clerk shall maintain a master jury wheel for each of the jury divisions within the
district. The names of all persons randomly selected from the multiple-source list from the
counties in a jury division shall be placed in the master jury wheel for that jury division. The
minimum number of names to be placed initially in these master jury wheels shall be as follows:
▪ San Francisco-Oakland jury division — 30,000
▪ San Jose jury division — 10,000
▪ Eureka jury division — 7,000
The foregoing minimum number of names represents well in excess of one-half of one
percent of the total number of registered voters for each jury division and is in substantial
compliance with the mandate of the Jury Act.
In accordance with 28 U.S.C. § 1863(b)(4), the master jury wheel of each jury division
will be emptied and refilled by August 31 of each year. If additional time is needed to empty
and refill the master jury wheels, permission must be obtained from the Chief Judge of the
Ninth Circuit.
Jurors qualified from a previous jury wheel may serve at the same time as jurors
qualified from a newly-filled jury wheel.
VIII. DRAWING OF NAMES FROM THE MASTER JURY WHEELS
From time to time, the Clerk will draw at random from the master jury wheel of each
jury division the names of as many persons as may be required for jury service in each jury
division. The Clerk will mail to every person whose name is thus drawn a juror summons and
qualification notice accompanied by instructions to complete the questionnaire via the court’s
website within ten days. The qualification notice will explain that a paper copy of the
questionnaire can be mailed upon request.
In any case in which it appears that there is a substantive omission, ambiguity, or error
in a juror qualification questionnaire, the Clerk will inform that person that additions or
corrections must be made within five days.
If a person fails to complete a juror qualification questionnaire, the Clerk may
issue a summons directing the person to appear in the Clerk’s Office to complete the
qualification questionnaire. No juror fees or costs for this appearance will be paid, unless
otherwise ordered by the court pursuant to 28 U.S.C. § 1864(a). The court may impose
penalties authorized by 28 U.S.C § 1864(b) for failure to appear as directed.
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IX. DETERMINATION OF STATUS OF SUMMONED INDIVIDUALS
Except as provided herein and in 28 U.S.C. § 1866(c), no person or class of persons may
be disqualified, excluded, excused or exempted from service as jurors. The Clerk, under
supervision of the court, will determine solely on the basis of information provided on the juror
qualification form and other competent evidence whether a person is unqualified for, exempt
from, or otherwise eligible to be excused from jury service. The Clerk will record each such
determination in the electronic data processing system or on the juror qualification
questionnaire.
X. QUALIFICATION
The Clerk must deem any person qualified to serve on grand and petit juries in this
court unless such person:
▪ Is not a citizen of the United States who is eighteen years old and who has resided
for a period of one year within the judicial district;
▪ Is unable to read, write, and understand the English language with a degree of
proficiency sufficient to fill out satisfactorily the juror qualification form;
▪ Is unable to speak the English language;
▪ Is incapable, by reason of mental or physical infirmity, of rendering satisfactory jury
service; or
▪ Has a charge pending against him or her 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 or her civil rights have not been
restored.
XI. EXEMPTION
The court hereby finds that exemption of the following groups of persons or
occupational classes is in the public interest and would not be inconsistent with the Jury Act;
accordingly, members who are employed full-time in the following groups are exempt from
jury service:
▪ Members in active service in the armed forces of the United States;
▪ Members of the fire or police departments of any state, district, territory, possession,
or subdivision thereof; and
▪ Public officers in the executive, legislative, or judicial branches of the government of
the United States, or any state, district or territory or possession, or subdivision
thereof, who are actively engaged in the performance of official duties. Public officer
means a person who is either elected to public office or who is directly appointed by
a person or persons elected to public office.
XII. EXCUSES ON INDIVIDUAL REQUEST
The court finds that jury service by the groups of persons or occupational classes listed
below would entail undue hardship or extreme inconvenience to the members thereof and
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excuse of the members thereof would not be inconsistent with 28 U.S.C. §§ 1861 and 1862. The
Clerk will excuse, upon individual request, members of the following groups:
▪ Persons over 75 years of age;
▪ Persons who within the last year have served on one or more petit or grand juries in
any state court, or who have reported in person to the courthouse in response to a
jury summons;
▪ Persons who serve without compensation as firefighters or members of a rescue
squad or ambulance crew for a public agency.
The court, or the Clerk as authorized by the court, may excuse a person summoned for
jury service upon a showing of undue hardship or extreme inconvenience if required to serve.
Upon request, the Clerk may defer for up to six months the service of a person
summoned.
In any one-year period, no person may be required to (1) serve or attend court more
than once or be on standby for prospective service as a petit juror for a total of more than two
weeks, except when necessary to complete service in a particular case, or (2) serve on more than
one grand jury, or (3) serve as both a grand and petit juror.
XIII. PETIT JURY PANELS
The Clerk will draw at random from the pool of qualified prospective jurors the number
of persons anticipated to be necessary for assignment to petit jury panels. Unless otherwise
ordered by the Chief Judge, the term of service of prospective petit jurors will be two weeks.
During the two-week period, prospective petit jurors will be required to report to the
courthouse no more than once unless the jury-selection process in the case to which they are
assigned is continuing. Prospective jurors who report for jury selection but are not selected as
jurors for any trial will have satisfied their jury service obligation upon completion of voir dire,
empanelment of the final jury, or discharge by the judge. Prospective jurors who are selected as
trial jurors will have satisfied their jury service obligation upon completion of the trial.
A petit juror serving more than 10 days on one case will be paid an additional $10 per
day over the regular attendance fee for each day over 10 days served. 28 U.S.C. § 1871(b)(2).
XIV. GRAND JURY PANELS
At least one grand jury will be impaneled serving the entire district, and will serve its
term of service at San Francisco. To impanel district-wide grand juries, the Clerk will draw at
random from a pool of qualified persons of each jury division for the grand jury panel such
number of prospective grand jurors in the same ratio that the number of registered voters in
each jury division bears to the total number of registered voters in the district.
The court may order additional grand juries to serve in other places as the court may
designate and at such times as the court may order. For a grand jury to be impaneled for service
in one jury division only, the Clerk will draw at random from a pool of qualified persons of that
jury division for the grand jury panel such number of prospective grand jurors as necessary.
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Each grand jury must serve until discharged by the Chief Judge, but no regular, criminal
grand jury will serve more than 18 months unless the court extends the service of the grand jury
for a period of six months or less, upon a determination that such extension is in the public
interest. Each special grand jury, as defined in 18 U.S.C. § 3331, will serve for a term of 18
months unless an order for its discharge or an extension of its term is entered by the court in
accordance with 18 U.S.C. § 3331 or § 3333.
Alternate jurors may be designated at the time a grand jury is selected, and may
thereafter be impaneled to replace excused jurors in the order in which they were designated.
Alternate jurors are subject to the same challenges, and, if impaneled, will take the same oath
and will have the same functions and powers as the regular grand jurors.
The impanelment of every regular or special grand jury will not be conducted in open
court or within public view.
A grand juror attending more than 45 days of actual service will be paid an additional
$10 per day over the regular attendance fee for each day over 45 days. 28 U.S.C. § 1871(b)(3).
XV. CHALLENGES TO THE SELECTION PROCEDURES
Any challenge to this Plan or the court’s compliance with the provisions of this Plan or
compliance with the provisions of the Jury Act must be made within the times and in the
manner provided in 28 U.S.C. § 1867.
XVI. DISCLOSURE OF JURY RECORDS
The contents of records or papers used by the Clerk in connection with the Jury Selection
Process will not be disclosed, except upon written order of the court. Applications for disclosure
of records related to the Jury Selection Process must be made by motion to the trial judge and
must set forth why disclosure should be allowed.
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
said trial on the day jury selection begins, unless otherwise ordered by the trial judge.
The names of prospective and sitting petit jurors will be disclosed to the public or media
outside open court only upon order of the court. A request for such disclosure must be made to
the trial judge pursuant to Civil Local Rule 7-11.
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 kept 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 trial judge and must set forth why disclosure
should be allowed. A motion for the names of grand jurors that is not related to a particular trial
may be made by filing a miscellaneous action with the Clerk.
XVII. MAINTENANCE OF 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
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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.
XVIII. MODIFICATIONS AND EFFECTIVE DATE
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 must be made when so
directed by the Reviewing Panel.
The effective date of this Plan will be established by a separate order of this court after
this Plan has been approved by the reviewing panel of the Ninth Circuit.
The prior Jury Plan will be 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.
ADOPTED: December 8, 1981 FOR THE COURT:
AMENDED: November 15, 1988
AMENDED: April 6, 1989
AMENDED: January 22, 1991
AMENDED: July 21, 1992
AMENDED: August 21, 2000
AMENDED: February 22, 2001
AMENDED: June 28, 2005
AMENDED: February 23, 2009
AMENDED: December 21, 2009
AMENDED: February 19, 2015
AMENDED: February 28, 2017
AMENDED: August 17, 2021
RICHARD SEEBORG
UNITED STATES DISTRICT CHIEF JUDGE
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5 IN THE UNITED STATES DISTRICT COURT
6 FOR THE NORTHERN DISTRICT OF CALIFORNIA
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8 MISCELLANEOUS ORDER 2021.09.23
9 _______________________________
10 IN RE: GENERAL ORDER 6
AMENDED JURY PLAN
For the Northern District of California
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United States District Court
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The Jury Plan, General Order 6, was amended by this court on August 17, 2021, and
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approved by the Judicial Council of the Ninth Circuit on September 23, 2021. The effective
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16 date of the amended Jury Plan is September 23, 2021.
17 IT IS SO ORDERED.
18 Dated: September 23, 2021
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20 RICHARD SEEBORG
CHIEF JUDGE
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